Terms of Service
Effective Date: April 18, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
These Terms of Service (“Terms”) govern your access to and use of the website aidiagme.com (the “Site”) and the lab result explanation services offered under the AI DiagMe brand (collectively referred to as the “Services”). The Services are provided by Smart Medical Care Ltd (“We”, “Us”, “Our”).
By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference into these Terms. If you do not agree to these conditions, you must not use our Services.
- About AI DiagMe and the Services
1.1. AI DiagMe is a brand of Smart Medical Care Ltd, a company registered in England and Wales under number 15309552, with its registered office at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom.
1.2. Our mission is to make health information more accessible by using artificial intelligence (AI) to simplify the language of lab reports (currently limited to blood, urine, and stool analyses) to facilitate understanding and dialogue between patients and healthcare professionals. The Services include generating a report explaining your results and offering general wellness information and suggested questions for your doctor.
1.3. IMPORTANT DISCLAIMER – NOT A MEDICAL DEVICE: The AI DiagMe Services are provided for informational and educational purposes only. They are an explanatory tool and are NOT a medical device. The information generated by the AI does not, under any circumstances, replace a diagnosis, consultation, medical advice, or interpretation of your results by a qualified healthcare professional. You should never delay seeking medical advice or disregard professional medical advice because of information obtained through our Services. Any decisions regarding your health must be made in consultation with your primary care physician or another qualified healthcare provider.
- Access to Services and User Account
2.1. Minimum Age: To use our Services, you must be at least 18 years old. By using the Services, you represent and warrant that you are 18 years of age or older.
2.2. Information Required: To obtain an AI DiagMe report, you must provide certain information, including your name (used to facilitate the anonymization of your report), your email address (for report delivery), contextual information (age, sex, etc.), and your analysis report in PDF format, as detailed in our Privacy Policy. You agree to provide accurate and complete information.
2.3. Account Creation and Patient Portal (Future Development): Currently, purchases are made without formal prior account creation. However, we anticipate that providing your information (name, email) during purchase will soon lead to the automatic creation of a secure user account on our “Patient Portal”. This portal will allow you to access your past reports, manage some of your personal information, and exercise your data protection rights. You will be informed about the login and usage procedures for this portal when it becomes available. You will be responsible for maintaining the confidentiality of your future login credentials.
- Use of Services
3.1. License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for strictly personal and non-commercial purposes. This includes the right to view your generated report, print it, and discuss it with your healthcare professionals for your own medical follow-up. Any other use, including reproduction, modification, distribution, resale, or use for professional or research purposes without our prior written consent, is prohibited.
3.2. Prohibited Activities: You agree not to use the Services:
- In a manner that violates applicable laws or third-party rights (including intellectual property rights).
- To impersonate another person or a healthcare professional.
- To attempt to decompile, disassemble, or reverse engineer all or part of the Services.
- To automatically extract data or results (“scraping”).
- To interfere with the proper functioning of the Services or our security measures.
- To develop a competing product or service using our Services or results.
- To make decisions with legal, financial, or employment consequences based solely on the information provided.
- Software and Mobile Applications
4.1. The Services are currently accessible via our Site. We are also developing downloadable software applications for mobile devices (“Apps”) which will be available soon. The use of these Apps will also be governed by these Terms.
4.2. The Apps may update automatically to ensure you have the latest version. Certain software components used in our Services or Apps may be open-source software governed by their own licenses.
- User Content and AI-Generated Content
5.1. Your Content (“Input Data”): You are responsible for the information and files (including your PDF analysis report) that you submit to our Services (“Input Data”). You warrant that you have all necessary rights and permissions to provide us with this data for the purposes of the Services. You retain ownership of your Input Data.
5.2. Generated Content (“Output Data”): The report and explanations generated by our AI in response to your Input Data constitute the “Output Data”. Subject to these Terms, we assign to you all rights, title, and interest we may hold in the specific Output Data generated for you.
5.3. Nature of Output Data (AI): Artificial intelligence and machine learning are constantly evolving fields. Output Data is generated probabilistically and, while we strive to ensure its relevance and clarity, it may contain errors or inaccuracies. Output Data may not be unique; other users might receive similar responses for similar Input Data.
5.4. Accuracy and Use of Output Data: YOU ACKNOWLEDGE AND AGREE THAT THE OUTPUT DATA IS PROVIDED FOR GUIDANCE AND INFORMATIONAL PURPOSES ONLY. IT SHOULD NEVER BE CONSIDERED INFALLIBLE, EXHAUSTIVE, OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. We are not responsible for any actions or decisions you may take based solely on the Output Data.
5.5. Use of Your Content by Us: As detailed in our Privacy Policy, we use your Input Data to provide and generate the Output Data. We may use your anonymized Input Data to maintain, develop, and improve our Services and AI models. You have the right to object to this use for improving our models by contacting us at contact@aidiagme.com
- Links to External Resources
Our Services or generated reports may contain hyperlinks to external websites or resources managed by third parties (e.g., general health information articles). These links are provided for your convenience only. We have no control over the content of these external sites or resources and assume no responsibility for their content, accuracy, or the privacy practices of these third parties. The inclusion of these links does not imply our endorsement.
- Intellectual Property
All intellectual property rights relating to the Services (including the Site, software, underlying AI, trademarks, logos, graphics, text, generated reports – except for your rights to the specific Output Data assigned to you) are and remain the exclusive property of Smart Medical Care Ltd or its licensors. Nothing in these Terms shall be construed as granting you any ownership rights to these elements.
- Fees and Payment
8.1. Price: Access to generating an AI DiagMe report requires payment. The applicable prices are those indicated on the Site at the time of your order. Prices are indicated in US Dollars ($) and include applicable taxes, unless otherwise stated.
8.2. Payment: Payment is made online via our secure payment service provider, Stripe. You must provide valid and accurate payment information. We do not store your full credit card information.
8.3. Subscriptions (Future): We currently only offer single payments per report. We may offer subscription plans in the future. If subscriptions are introduced, the specific terms (price, duration, automatic renewal, cancellation) will be clearly communicated before any subscription and may be subject to special conditions. Clauses relating to automatic renewal and periodic billing will then apply, and you will be able to cancel your subscription according to the terms that will be specified.
8.4. Price Changes: We reserve the right to change our prices. For any potential future subscriptions, any price increase will be notified to you at least 30 days in advance and will only take effect at your next renewal cycle.
- Refund Policy
9.1. Service Delivery: Our Service consists of providing digital content (the generated AI report) immediately after your order and receipt of necessary information.
9.2. Refund Requests: We strive to provide a functional service and relevant information. However, given the informational nature of the service and the probabilistic nature of AI (as described in Section 5.3), refunds are generally not provided once the report generation process has begun. If you believe the Service has a major malfunction or significantly fails to conform to its description, please contact us at contact@aidiagme.com. We will review your request on a case-by-case basis in accordance with applicable US consumer protection principles and our internal policies. If your claim is deemed valid under these conditions, we may offer, at our discretion, a re-generation of the report or a partial or full refund.
- Termination and Suspension
10.1. By You: You may stop using the Services at any time. If the user account feature is enabled, you may close your account via the Patient Portal or by contacting us.
10.2. By Us: We may suspend or terminate your access to the Services, with or without notice depending on the severity of the situation, if we reasonably believe that:
- You have violated these Terms.
- Your use of the Services poses a risk to us, our other users, or third parties.
- We are required to do so to comply with the law.
We may also deactivate a user account that has remained inactive for an extended period (e.g., over a year), after notifying you beforehand if possible.
- Disclaimers of Warranties and Limitation of Liability
11.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ABSENCE OF VIRUSES OR ERRORS.
11.2. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT THE GENERATED INFORMATION WILL BE ACCURATE, COMPLETE, OR RELIABLE (SEE SECTIONS 5.3 AND 5.4).
11.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11.4. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. Therefore, some of the above limitations may not apply to you if prohibited by mandatory provisions of your local law.
- Dispute Resolution
12.1. Informal Resolution: We encourage users to contact us first at contact@aidiagme.com to attempt to resolve any dispute amicably.
12.2. Governing Law: Any dispute arising from these Terms or related to the use of the Services shall be governed by the laws of England and Wales, without regard to its conflict of law principles.
12.3. Jurisdiction: Subject to any mandatory consumer protection provisions in your country of residence, the courts of England and Wales will have jurisdiction to settle any dispute. As Smart Medical Care Ltd is based in the UK, legal actions initiated by you against the company related to these Terms or the Services shall be brought before the courts of England and Wales. Legal actions initiated by Smart Medical Care Ltd against you will be brought in the jurisdiction where you reside.
- Applicable Law
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. However, if you are a consumer using the Services from the United States, you may also benefit from the protection of mandatory provisions of US federal law and the law of your state of residence where applicable.
- Changes to Terms
We reserve the right to modify these Terms at any time. If we make substantial changes, we will notify you by appropriate means (e.g., by email or via a notification on the Site) at least 30 days before they take effect, if possible. Your continued use of the Services after the changes take effect will constitute acceptance of the new Terms. If you do not accept the changes, you must stop using the Services.
- General Provisions
15.1. Entire Agreement: These Terms, along with the incorporated Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements.
15.2. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time without restriction.
15.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect, and the parties’ intention will be enforced to the fullest extent permitted.
15.4. No Waiver: Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
15.5.8 Notifications: Any notice we may need to send you will be sent via the email address you provided or by posting on the Site.
- Contact
For any questions regarding these Terms of Service, please contact us at: contact@aidiagme.com