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Terms of Use (Europe)

Effective on April 3, 2024

These Terms of Use are applicable if you live in the European Economic Area (EEA), Switzerland, or the UK. For those located outside the EEA, Switzerland, or the UK, please refer to the relevant version of our Terms of Use.

These Terms govern your use of AI DiagMe and other services tailored for individuals, including any related software applications, technology, and websites (“Services”), specifically for personal, non-commercial purposes. By confirming your acceptance of these Terms or by using the Services, you are entering into a contract with us.

While our Privacy Policy is not part of these Terms, it details how we collect and use personal data and is an essential document that we recommend you review.

1. About Us

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. The services we offer are provided by:

Smart Medical Care Ltd, a legal entity registered in England & Wales. Our registered office is located at 167-169 Great Portland Street, 5th Floor, London, United Kingdom, W1W 5PF, under the company number 15309552.

2. Additional Terms

Your use of our Services, including specific features, may be subject to additional terms and policies. It’s important to be familiar with these key elements, as they are integral to these Terms:

  • Usage Policies: these outline the acceptable ways you can use our Services and Content.
  • Service Terms: these are specific conditions that apply when you access certain Services or features.

3. Registration and Access Requirements

Minimum age: to use our Services, you must be at least 13 years old or the minimum legal age in your country. If you’re under 18, you need permission from a parent or guardian to use the Services, who should also review these Terms with you.

Registration: when creating an account, it’s crucial to provide accurate and complete information. Your account is personal to you; sharing your login details or allowing others to access your account is prohibited. You’re responsible for all activity on your account. If you’re registering or using the Services on behalf of someone else or an entity, you must be authorized to agree to these Terms on their behalf.

4. Guidelines for Using Our Services

You are permitted to access and use our Services as long as you follow these Terms. This includes adhering to all relevant laws and any service-specific terms and policies previously mentioned.

The Services, however, must not be used for any illegal, harmful, or abusive purposes. Specifically, you are not allowed to:

  • Infringe, violate, or misuse someone else’s rights through the use of our Services.
  • Modify, copy, lease, sell, or distribute any part of our Services.
  • Attempt to reverse engineer, decompile, or otherwise uncover the source code or underlying mechanisms of our Services, including models, algorithms, or systems, unless such actions are explicitly permitted by law.
  • Extract data or Output from our Services automatically or programmatically.
  • Falsely represent Output as human-generated when it is not.
  • Disrupt or interfere with our Services, bypass any restrictions, or evade any security measures.
  • Use Output to create models that directly compete with AI DiagMe.

Third-party services and output: our Services may incorporate or provide access to third-party software, products, or services, along with their outputs. These are governed by their own terms, and we are not liable for them.

Feedback contributions: while we welcome and value your feedback on our Services, you acknowledge that we can use it to enhance and develop our Services without any obligation to compensate you.

5. Content guidelines

Your Content: you may submit data to our Services (“Input”) and receive responses based on this data (“Output”), collectively referred to as “Content.” You bear full responsibility for this Content, ensuring it complies with all relevant laws and these Terms. You guarantee that you possess all necessary rights, licenses, and permissions needed to supply Input to our Services.

Ownership rights: In terms of ownership, you:

  • Retain ownership of your Input.
  • Gain ownership of the Output, with AI DiagMe transferring any rights, title, and interest we might have in the Output to you, as allowed by law.

Content uniqueness: given the nature of AI, the Output you receive may not be one-of-a-kind, and other users could receive similar Output. Our transfer of rights does not cover Output generated for other users or any third-party content.

How we use your content: we utilize your Content globally to deliver, enhance, and develop our Services, comply with the law, enforce our terms and policies, and ensure the safety of our Services.

Opting out: if you prefer that we do not use your Content for model training, you can opt out by contacting us at contact@aidiagme.com.

Regarding accuracy: the fields of artificial intelligence and machine learning are continuously evolving, leading to ongoing improvements in our Services for increased accuracy, reliability, safety, and benefit. Due to the probabilistic nature of machine learning, the Output may sometimes contain errors or inaccuracies.

By using our Services, you acknowledge and agree that:

  • The Output might not always be accurate. It should not be the sole basis for decisions or considered a substitute for professional guidance.
  • You should not use Output related to individuals for decisions that could significantly affect them, such as those involving credit, education, employment, housing, insurance, legal matters, medical decisions, or other critical areas.
  • Our Services might generate Output that is incomplete, incorrect, or offensive, which does not reflect AI DiagMe’s views. References to third-party products or services in the Output do not imply endorsement or affiliation with AI DiagMe.

6. Intellectual Property Rights

The rights, title, and interest in the Services are owned by us and our affiliates.

7. Subscription Services

Fees: we will clearly disclose all fees, including subscription fees, before your purchase.

Paid subscriptions: we offer paid subscriptions for certain Services, providing enhanced features and functionalities (“Benefits”). The specific Benefits available vary by Service and will be clearly described before your purchase. Subscription management is accessible through your account settings.

Billing: for paid subscriptions or services, you must provide accurate billing information and a valid payment method. We will charge your payment method periodically, as agreed, until you cancel. Failure to process payment may result in account downgrade or suspension until payment is received.

Cancellation: you may cancel your paid subscription at any time via your account settings. Post-cancellation, you won’t incur further charges, but will retain access to the Benefits until the end of the current subscription period. Refunds for the time between cancellation and the end of the paid period are not typically provided, unless stated otherwise.

Price changes: we reserve the right to modify our prices. Should there be a price increase, we’ll notify you at least 30 days in advance, with the new rates applying upon your next renewal, offering you the opportunity to cancel.

8. Termination and Suspension

You may terminate your use of the Services and close your account at any time. EEA-based consumers have 14 days from accepting these Terms to withdraw by contacting Support at contact@aidiagme.com.

AI DiagMe’s termination rights: we may suspend or terminate your access or close your account under reasonable and objective circumstances, including but not limited to:

  • Violation of these Terms or our Usage Policies.
  • Legal compliance requirements.
  • Potential risk or harm associated with your use of our Services.
  • Over a year of inactivity without a paid account.

Note that:

  • In case of account termination, we’ll attempt to notify you in advance, allowing you to export your Content or data, except where it may cause harm or is legally prohibited.
  • If you believe your account was wrongly suspended or terminated, you can appeal by contacting Support at contact@aidiagme.com.

9. Our Service Commitments

We are dedicated to delivering our Services with reasonable skill, care, and professional diligence. However, we do not guarantee the perpetual availability of the Services in their current form.

Assuming we have acted with professional diligence, we are not responsible for any loss or damage, except for those:

  • Caused by our breach of these Terms.
  • Reasonably foreseeable upon entering into these Terms.

We are not liable for losses caused by events outside our reasonable control and do not exclude or limit liability unlawfully. Your statutory rights remain unaffected.

Any statutory rights you have, which cannot be waived or altered by contract, are fully preserved by these Terms.

EEA consumer guarantee: for consumers in the EEA, you are entitled to a legal guarantee on our Services. For inquiries, contact our Support team at contact@aidiagme.com.

10. Resolving Disputes

We aim to resolve disputes amicably. Please contact us with any concerns before taking legal action at contact@aidiagme.com. If disputes cannot be resolved, they may be brought to local courts. EEA residents may also use alternative dispute resolution through the European Commission’s Online Dispute Resolution (ODR) platform.

11. General Provisions

  • Assignment: you cannot transfer your rights or obligations under these Terms. We may transfer ours to any affiliate, subsidiary, or business successor, without affecting your consumer rights.
  • Terms and service updates: we continuously improve our Services, leading to possible changes in these Terms or the Services for various reasons, including legal or safety reasons. We’ll notify you at least 30 days before such changes, which apply prospectively. Disagreement with changes requires discontinuation of Service use.
  • Delayed enforcement: delayed enforcement of these Terms by either party does not waive the right to enforce them later. Invalid or unenforceable provisions do not affect the rest of the Terms.
  • Trade compliance: you must follow applicable trade laws. Our Services must not be used in sanctioned areas or with prohibited parties. They must not be used for banned purposes, and Inputs cannot include licensable materials without proper authorization.
  • Governing law: the laws of your residency will govern these Terms.