Terms of Use (Outside of Europe)

Effective on April 3, 2024

If your place of residence falls within the European Economic Area, Switzerland, or the United Kingdom, the terms governing your utilization of the Services are outlined in the EU Terms of Use.

Although not constituting a component of these Terms, our Privacy Policy (Outside of the EU) elucidates our approach to collecting and utilizing personal data. It is a crucial document that merits your attention.

1. AI DiagMe

AI DiagMe is an innovative company founded by experts in technology and health. Our vision is to enable everyone to understand their health in a simple, fast, and informed manner. Our Services are provided to you by Smart Medical Care Ltd, a company incorporated in England & Wales with its registered office at 167-169 Great Portland Street, 5th Floor, London, United Kingdom, W1W 5PF and company number 15309552.

2. Registration and access

Age requirement. To utilize the Services, you must be at least 13 years of age or the minimum age mandated in your country to provide consent. If you are under 18, you must obtain permission from your parent or legal guardian to use the Services, and you should encourage them to review these Terms alongside you.

Registration process. To register for an account and access our Services, you must furnish accurate and complete information. You are prohibited from sharing your account credentials or granting access to your account to others, and you bear responsibility for all activities undertaken through your account. If you create an account or utilize the Services on behalf of another person or entity, you must possess the authority to accept these Terms on their behalf.

3. Utilizing our Services

Permitted activities. Subject to your adherence to these Terms, you may access and utilize our Services. In doing so, you must comply with all applicable laws, as well as our Usage Policies and any other documentation, guidelines, or policies we provide to you.

Prohibited activities. You are forbidden from using our Services for any illegal, harmful, or abusive purposes. For instance, you may not:

  • Utilize our Services in a manner that infringes upon, misappropriates, or violates the rights of any party.
  • Modify, copy, lease, sell, or distribute any component of our Services.
  • Attempt to reverse engineer, decompile, or uncover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent that such restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output (as defined below).
  • Represent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumventing any restrictions or bypassing any protective measures or safety mitigations we implement on our Services.
  • Utilize Output to develop models that compete with AI DiagMe.

Usage policies. When using any AI DiagMe service, these rules apply:

  • Adhere to relevant laws—ensure that you do not violate others’ privacy, partake in regulated activities without adhering to the corresponding regulations, or promote or participate in illegal actions.
  • Use outputs responsibly—refrain from using or disseminating service outputs in ways that could harm others. Specifically, do not utilize outputs to commit fraud, spam, deceive, bully, harass, defame, discriminate based on protected characteristics, sexualize minors, or incite violence, hatred, or suffering.
  • Honor our protective measures—avoid bypassing or undermining the safety features or mitigations provided by our services, unless explicitly permitted by AI DiagMe.

Software. Our Services may permit you to download software applications, such as those designed for mobile devices, which may automatically update to ensure you have access to the most recent version. Our software offerings may encompass open-source software components, governed by their own respective licenses.

Third-party offerings. Our services may integrate third-party software, products, or services (“Third-Party Offerings”), and certain aspects of our Services, such as our browsing functionality, may incorporate output derived from those offerings (“Third-Party Outputs”). Third-Party Offerings and Third-Party Outputs are subject to their own terms and conditions, and we assume no responsibility for them.  

Feedback acknowledgment. We value your feedback, and you agree that we may utilize it without any restrictions or obligation to compensate you.

4. Content

Your Content. You may provide input to the Services (“Input”), and receive output from the Services based on that Input (“Output”). Input and Output together comprise “Content.” You bear responsibility for Content, including ensuring its compliance with applicable laws and these Terms. You represent and warrant that you possess all requisite rights, licenses, and permissions to provide Input to our Services.

Ownership of Content. As between you and AI DiagMe, and to the extent allowed by applicable law, (a) you maintain your proprietary rights in the Input, and (b) you assume ownership of the Output. We hereby transfer to you all rights, titles, and interests that we may hold, if any, in and to the Output.

Similarity of Content. Due to the intrinsic nature of our Services and artificial intelligence in general, output may lack uniqueness, and other users may receive analogous output from our Services. Our assignment of rights in the Output, as mentioned above, does not encompass output generated for other users or any Third-Party Output.

Our use of Content. We may utilize Content to provide, sustain, develop, and enhance our Services, ensure compliance with applicable laws, enforce our terms and policies, and uphold the security and integrity of our Services.

Opt-out provision. If you prefer that we refrain from utilizing your Content to train our models, you have the opportunity to opt out of such use by sending us an email at contact@aidiagme.com.

Accuracy considerations. Artificial intelligence is a rapidly progressing field of study. We are continually striving to enhance our Services to improve their accuracy, reliability, safety, and utility. However, given the probabilistic nature inherent to machine learning, the utilization of our Services may, in certain scenarios, yield Output that fails to precisely mirror factual realities.

When you utilize our Services, you understand and agree the following:

  • Output veracity. Output may not consistently be accurate. You should refrain from treating Output from our Services as an unquestioned source of truth, factual information, or a replacement for professional counsel.  
  • Output evaluation. You must assess Output for accuracy and suitability to your use case, incorporating human review as appropriate, prior to utilizing or disseminating Output from the Services.
  • Prohibited uses. You must abstain from using any Output pertaining to an individual for purposes that could legally or materially impact that person, such as making determinations about their creditworthiness, education, employment, housing, insurance, legal matters, medical concerns, or other consequential decisions.
  • Potential inconsistencies. Our Services may generate incomplete, inaccurate, or offensive Output that does not align with AI DiagMe’s perspectives. Any references to third-party products or services within Output do not imply endorsement or association with AI DiagMe by those third parties.

5. Our intellectual property rights

We and our affiliates retain all proprietary rights, titles, and interests in and to the Services. You may only utilize our name and logo in strict adherence to our Brand Guidelines.

6. Paid accounts

Billing procedures. If you purchase any of our Services, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method for each agreed-upon periodic renewal until you cancel. You are responsible for settling all applicable taxes, and we will levy tax charges when required. If your payment cannot be processed, we may downgrade your account or suspend your access to our Services until payment is received.

Cancellation policy. You can cancel your paid subscription at any time. Payments are non-refundable, except where mandated by law. These Terms do not supersede any obligatory local laws regarding your cancellation rights. 

Price change. We reserve the right to modify our pricing from time to time. If we increase our subscription prices, we will provide you with at least 30 days’ advance notice, and any price increase will take effect on your next renewal cycle, allowing you the option to cancel if you do not agree to the price change.

7. Ending use and account suspension

Ending use. You have the liberty to stop using our Services whenever you wish. We hold the authority to suspend or end your access to our Services or remove your account if it is found that:

  • You have violated these Terms or our Guidelines for Use.
  • It is necessary for us to act in accordance with legal obligations.
  • Your interaction with our Services is deemed to potentially endanger AI DiagMe, our clientele, or any third parties.

Additionally, we may deactivate your account if it remains unused for more than a year and you do not possess a subscription. In such cases, we will inform you beforehand.

Appeals. Should you think that your account has been wrongly suspended or terminated, you are encouraged to lodge an appeal by reaching out to our Customer Service department.

8. Service discontinuation

The decision to cease offering our Services might be made by us, but in doing so, we will notify you in advance and issue a refund for any services paid for but not utilized.

9. Warranty exclusions

The services are delivered on an “As is” basis. To the fullest extent permitted by law, we, along with our affiliates and licensors, do not provide warranties (whether express, implied, legal, or otherwise) regarding the services, and expressly reject all warranties, including, but not limited to, implied warranties of merchantability, suitability for a specific purpose, quality satisfaction, non-violation, and non-disturbance, as well as any warranties that might arise from course of performance, course of dealing, or usage of trade. We cannot guarantee that the services will be constant, precise, or without errors, nor can we ensure that any data will remain secure, unchanged, or not be lost or damaged.

You acknowledge and consent that your utilization of any results produced by our service is at your own discretion and risk, and that you will not depend on such outputs as the only basis of truth or factual data or as an alternative to expert consultation.

10. Restriction of liability

In no event will we, our affiliates, or licensors be responsible for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to damages for lost profits, goodwill, usage, data, or other intangible losses, regardless of whether we have been informed of the possibility of such damages. Our total liability under these terms shall not exceed the greater of the amount you have paid us for services causing the claim within the 12 months prior to the arising of liability, or one hundred dollars ($100). The limitations set forth in this section shall be enforced to the full extent permitted by law.

The laws of certain jurisdictions may not permit the disavowal of certain warranties or the limitation on liability as stated above. Therefore, some or all of these limitations may not apply to you, and you might have additional rights. Under such circumstances, these Terms are intended to limit our obligations to the greatest extent allowed by the law of your jurisdiction.

AI DiagMe’s affiliates, suppliers, licensors, and distributors are recognized as third-party beneficiaries of this clause.

11. Indemnification

Should you be a business entity or organization, within the bounds of applicable law, you agree to indemnify and defend us, our affiliates, and our staff against any expenditures, damages, liabilities, and costs (inclusive of legal fees) stemming from claims made by third parties due to your utilization of the Services and Content, or any breach of these Terms by you.

12. Resolution of disagreements

You and AI DiagMe commit to the following obligatory arbitration and prohibition against class actions:

Obligatory arbitration. Both you and AI DiagMe concur that any disputes arising from or related to these Terms or our Services, regardless of the dispute’s origin time, even if before these Terms were established (referred to as a “Dispute”), will be settled through definitive and binding arbitration. You have the option to decline arbitration within 30 days of creating your account or within 30 days following any amendments to these arbitration conditions by filling out this form. If you decide against an update, the previously consented arbitration terms will remain in effect.

Informal resolution of disputes. Before engaging in formal legal proceedings, we aim to understand and address your issues. Both parties agree to attempt to settle the Dispute informally before filing a claim against the other. You will notify us using this form, and we will contact you via the email linked to your account. Should we fail to resolve a Dispute within 60 days, either party may initiate arbitration. Both parties also consent to participate in an individual settlement meeting if requested during this period. Any applicable statutes of limitations will be suspended throughout this informal resolution phase.

Exceptions. Claims that don’t require informal dispute resolution or arbitration include: (i) individual claims in small claims court; and (ii) injunctions or other equitable measures to halt unauthorized use or abuse of the Services, or to address intellectual property infringement or misappropriation.

Waivers for class actions and jury trials. You and AI DiagMe agree that Disputes will be resolved on an individual basis only, not as a part of any class, consolidated, or representative action. Class arbitrations, class actions, and representative actions are not allowed. Only individual remedies will be provided. After arbitration of the underlying claim and all other claims is complete, any request for public injunctive relief will be severed and litigated in court. This does not prohibit participation in class-wide settlements. Both you and AI DiagMe deliberately and permanently renounce any entitlement to a jury trial in any legal action, proceeding, or counterclaim.

13. General terms

Assignment restrictions. Your rights or duties under these Terms cannot be delegated or transferred by you, and any attempt to do so will be considered null and void. We reserve the right to transfer our obligations or rights under these Terms to any associated entity, such as an affiliate, a subsidiary, or a successor in interest related to the Services we provide.

Modifications to Terms or Services. Our Services are always evolving to better serve your needs. As such, we may periodically adjust these Terms or the Services we offer. Reasons for these changes might include, but are not limited to:

  • Legal or regulatory updates.
  • Enhancements to security or safety.
  • Events outside our reasonable control.
  • Regular development of our Services.
  • Incorporation of new technological advancements.

We will give you a minimum of 30 days’ notice before implementing changes to these Terms that might negatively affect you, either through an email or a notification within the product itself. Any other modifications will become effective upon their posting on our website. If the changes are not acceptable to you, your only recourse is to cease using our Services.

Enforcement delay. Our delay in enforcing any part of these Terms does not waive our right to enforce it in the future. Apart from what is mentioned in the arbitration clause above, if any section of these Terms is found to be invalid or unenforceable, we will enforce the remainder of these Terms to the fullest extent allowed, without impacting the validity of the remaining provisions.

Compliance with trade regulations. You are obligated to adhere to all relevant trade regulations, including sanctions and export control laws. You are prohibited from using our Services in connection with, or for the benefit of, any country or individual under U.S. embargo or whose dealings are restricted under trade laws. Our Services must not be employed for any purposes banned by these laws, nor should your contributions include any material that necessitates governmental authorization for its dissemination or export.

Complete agreement. These Terms represent the full agreement between you and AI DiagMe concerning the Services and override any prior agreements, whether written or oral, between you and AI DiagMe, aside from any terms specific to Services.

Jurisdiction. The laws of England & Wales shall govern these Terms, disregarding any principles of conflicts of law.