Terms of Use
Effective on Jan 15, 2025
These Terms of Use govern your use of AI DiagMe services (a brand of Smart Medical Care), including any associated software applications, technology, and websites (collectively referred to as the “Services”). They apply to all users, whether located in the European Economic Area (EEA), Switzerland, the United Kingdom, or elsewhere in the world. By using our Services, you agree to these Terms. Acceptance of these Terms of Use also includes acceptance of the data collection and usage practices described in our Privacy Policy.
While our Privacy Policy (https://AIDiagMe-6gfwx8j5sx.live-website.com/fr/privacy-policy/) is not part of these Terms of Use, it details our approach to the collection and use of personal data. We strongly recommend reviewing it.
1. About AI DiagMe
AI DiagMe is a brand of Smart Medical Care, an innovative company founded by experts in technology and healthcare. Our vision is to empower everyone, through artificial intelligence, to better understand their lab results, enabling informed, quick, and simple insights into their health. AI DiagMe also provides tailored wellness advice and suggests questions patients can ask their doctors to foster constructive discussions. Our solutions utilize the latest large language models and advanced artificial intelligence technologies.
Our Services are provided by Smart Medical Care Ltd, a legal entity registered in England & Wales. Our headquarters are located at 167-169 Great Portland Street, 5th Floor, London, United Kingdom, W1W 5PF, under company number 15309552.
2. Registration and Access
Age Requirement: To use the Services, you must be at least 13 years old or meet the minimum age requirement in your country for providing 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 with you.
Registration Process: To register for a personal account and access our Services, you must provide accurate and complete information. You may not share your account credentials or allow others to access your account, and you are responsible for all activities conducted through your personal account.
If you create an account or use the Services on behalf of another person or entity, you must have the legal authority under applicable laws to accept these Terms on their behalf.
3. Use of Our Services
Permitted Activities: Subject to your adherence to these Terms, you may access and use our Services. In doing so, you must comply with all applicable laws, as well as our Usage Policy and any other documentation, guidelines, or policies we provide.
Prohibited Activities: You are prohibited from using our Services for illegal, harmful, or abusive purposes. For example, you may not:
– Use our Services in a way that infringes, impersonates, or violates the rights of any party.
– Use our Services to impersonate a medical professional or falsely claim credentials, certificates, or other legally required titles for such professions.
– Modify, copy, rent, sell, or distribute any component of our Services.
– Attempt to reverse-engineer, decompile, or discover the source code or underlying components of our Services, including models, algorithms, or systems (except where such restrictions are prohibited by applicable law).
– Extract data or results programmatically or automatically.
– Represent that any results were generated by a human when they were not.
– Interfere with or disrupt our Services, including bypassing restrictions or security measures.
– Use the results to develop models competing with AI DiagMe.
– Use our Services for financial or employment decision-making.
Software: Our Services may allow you to download software applications, such as those designed for mobile devices, which may automatically update to ensure you have the latest version. These software offerings may include open-source components governed by their respective licenses.
Third-Party Offerings: Our Services may integrate third-party software, products, or services (“Third-Party Offerings”), and some aspects of our Services, such as navigation functionality, may incorporate results derived from these offerings (“Third-Party Results”). Third-Party Offerings and Results are subject to their own terms and conditions, and we assume no responsibility for them.
Feedback: We value your feedback, and you agree that we may use it without any restrictions or obligation to compensate you.
4. Right of Withdrawal
For the provision of our digital services, the statutory 14-day right of withdrawal does not apply under certain conditions. In accordance with Regulation 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you expressly acknowledge and agree that your right of withdrawal is lost once the performance of the service begins with your prior consent and acknowledgment of this effect. By accessing our service and agreeing to the immediate commencement of its provision, you waive your right to withdraw within the 14-day period.
5. Minors and Vulnerable Persons
If you are under 18, you may only use our Services under the supervision of a parent or guardian. However, minors may access the Services only to the extent permitted by applicable law or with authorization from their legal representatives, who assume full responsibility.
For minors, vulnerable adults, or individuals under legal protection measures, registration and access to our Services must be managed by their legal representatives (parents, guardians) under applicable law. Minors or protected individuals may access their AI DiagMe account, except in cases provided by the applicable regulations, under the sole responsibility of their legal representatives.
The User may use the Services on behalf of third parties for whom they have parental authority or are recognized as guardians or curators under French law. AI DiagMe reserves the right to request documentation establishing parental authority or legal representation rights of the User/Guest.
6. Content
Your Content: You may submit data to our Services (“Input Data”) and receive responses based on that data (“Output Data”), collectively referred to as “Content.” You are solely responsible for this Content, ensuring its compliance with all relevant laws and these Terms. You warrant that you own all rights, licenses, and permissions necessary under applicable laws to provide the Input Data to our Services.
Ownership of Content: Between you and AI DiagMe, and to the extent permitted by applicable law, you:
– Retain ownership of your Input Data.
– Acquire ownership of the Output Data, as AI DiagMe transfers all rights, titles, and interests we may have in the Output Data to you, in accordance with the law.
Similar Content: Due to the nature of AI, the Output Data you receive may not be unique, and other users may receive similar Output Data. Our transfer of rights does not cover Output Data generated for other users or any other third-party content.
Our Use of Content: We may use anonymized Content to provide, maintain, develop, and improve our Services, ensure compliance with applicable laws, enforce our terms and policies, and safeguard the security and integrity of our Services.
Opt-Out Option: If you prefer that we do not use your Content to train our models, you can opt out by emailing us at contact@aidiagme.com.
Accuracy of Output Data: The field of artificial intelligence and machine learning is constantly evolving, leading to ongoing improvements in the accuracy, reliability, and safety of our Services. Due to the probabilistic nature of machine learning, Output Data may sometimes be inaccurate.
When using our Services, you understand and agree that:
– Accuracy of Output Data: Output Data may not always be correct. As such, it should never serve as the sole basis for your decisions or be considered a substitute for professional advice (e.g., from medical professionals). It should not delay seeking medical attention, and we are not liable for decisions made solely based on this data.
– Prohibited Uses: You must not use Output Data 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.
– Potential Inconsistencies: Our Services may generate incomplete, incorrect, or offensive Output Data, which does not reflect the views of AI DiagMe or its representatives. References to third-party products or services in the Output Data do not imply endorsement or affiliation with AI DiagMe.
7. Intellectual Property
We and our affiliates retain all property rights, titles, and interests in the Services and any results derived from the use of anonymized Content.
The content on the AI DiagMe site (texts, images, logos, graphics, etc.) is protected by intellectual property laws (copyrights, trademarks, patents, etc.) under French and international law. Any reproduction, representation, modification, publication, transmission, or distortion, in whole or in part, of the site or its content is prohibited without the prior written authorization of the publisher.
The content on the site is the exclusive property of AI DiagMe or, where applicable, of other copyright holders.
Any content or material uploaded to the AI DiagMe site may not be reproduced, distributed, resold, retransmitted, or made available to third parties on any website or other medium by any means without the prior express permission of AI DiagMe or, where applicable, other copyright holders.
Any private and strictly non-commercial use of the site’s content on your personal computer must systematically mention the source of the content and include at least one of the following notices: “Exclusive property of AI DiagMe, all rights reserved” or “Property of AI DiagMe, all rights reserved.”
8. Accounts
You may need a personal account to use certain AI DiagMe Services, and you may be required to log in and have a valid payment method associated with it. If there is an issue with the selected payment method, we may use any other valid payment method linked to your account. Access your account to manage payment options.
If you use any AI DiagMe Service, you are responsible for maintaining the confidentiality of your account and password, restricting access to your computer and other devices, and, to the extent permitted by law, accepting responsibility for all activities conducted under your account or password.
You must notify us immediately if you believe your password is known to someone else or if it is being used without authorization. You are responsible for the accuracy and completeness of the information you provide and must inform us of any changes to this information.
Prohibited account activities include actions that cause interruptions, damage, fraud, or legal violations.
We reserve the right to suspend or terminate your account for serious violations of applicable laws or our Terms.
Billing Procedures:
– Clear communication of fees before purchase.
– Refunds are granted under specific conditions, such as technical malfunctions or billing errors. Refund requests can be submitted via contact@aidiagme.com.
Changes in Pricing: We may adjust subscription fees with at least 30 days’ notice.
9. Termination and Account Suspension
Ending Use: You may stop using our Services at any time. We reserve the right to suspend or terminate your access for:
– Violations of our Terms of Use.
– Legal obligations.
– Interactions that jeopardize AI DiagMe, its clients, or third parties.
If your account is inactive for over a year and you do not have an active subscription, we may deactivate it after prior notification.
Appeals: If you believe your account was unjustly suspended or terminated, you may appeal by contacting us at contact@aidiagme.com.
10. Service Interruption
We may decide to discontinue our Services, but if we do so, we will notify you in advance and issue a refund for any paid but unused services.
11. Disclaimer of Warranties and Limitation of Liability
The Services are provided on an “as-is” basis. To the fullest extent permitted by law, we, along with our affiliates and licensors, disclaim all warranties (whether express, implied, statutory, or otherwise), including but not limited to implied warranties of merchantability, fitness for a particular purpose, quality satisfaction, non-infringement, and non-disruption, as well as any warranties arising from the course of performance, trade, or usage.
In no event shall we, our affiliates, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damages.
The limitations outlined in this section apply to the fullest extent permitted by law.
The laws of certain jurisdictions may not allow the exclusion of some warranties or the limitation of liability as set forth above. Therefore, some or all of these limitations may not apply to you, and you may have additional rights. In such cases, these Terms are intended to limit our obligations to the maximum extent permitted under your jurisdiction’s laws.
12. Indemnification
If you are a commercial entity or organization, to the extent permitted by applicable law, you agree to indemnify and defend us, our affiliates, and our staff against any expenses, damages, liabilities, and costs (including legal fees for disputes arising from the use of the service for commercial purposes or in non-personal use) resulting from third-party claims due to your use of the Services and Content or any violation of these Terms by you.
13. Dispute Resolution
We aim to resolve potential conflicts amicably. Please contact us before taking legal action at contact@aidiagme.com. If a potential conflict cannot be resolved, it may be brought before local courts.
– For users in the EEA: You may also use alternative dispute resolution via the European Commission’s Online Dispute Resolution (ODR) platform.
– For users outside the EEA: You and AI DiagMe agree that any dispute arising from or related to these Terms or our Services will be settled through final and binding arbitration. You may opt out of arbitration within 30 days of creating your account or within 30 days of any modification to these arbitration terms by contacting us at contact@aidiagme.com.
14. General Terms
Assignment Restrictions: Your rights or obligations under these Terms cannot be delegated or transferred by you, and any attempt to do so will be void. We reserve the right to transfer our obligations or rights under these Terms to any associated entity, such as a subsidiary, branch, or successor in interest related to the Services we provide.
Changes to Terms or Services: Our Services continually evolve to better serve your needs. Consequently, we may periodically adjust these Terms or the Services we offer. Reasons for these changes may include but are not limited to:
– Legal or regulatory updates.
– Security or safety improvements.
– Events beyond our reasonable control.
– Regular development of our Services.
– Integration of new technological advancements.
We will provide you with at least 30 days’ notice before implementing changes to these Terms that might negatively affect you, either via email or a notification within the product itself. All other changes will take effect immediately upon their publication on our website. If you do not agree with the changes, your sole remedy is to discontinue using our Services.
Delay in Enforcement: Our delay in enforcing any part of these Terms does not waive our right to enforce it in the future. Except as noted in the arbitration clause above, if any section of these Terms is deemed invalid or unenforceable, we will enforce the remainder of these Terms to the fullest extent permitted, without affecting the validity of the remaining provisions.
Compliance with Trade Regulations: You are required to comply with all relevant trade regulations, including sanctions and export control laws. You may not use our Services in connection with or for the benefit of any country or individual under U.S. embargo or whose transactions are restricted under trade laws. Our Services must not be employed for purposes prohibited by these laws, nor should your contributions include any material requiring government authorization for dissemination or export.
Entire Agreement: These Terms represent the entire agreement between you and AI DiagMe regarding the Services and supersede any prior agreements, whether written or oral, between you and AI DiagMe, except for any service-specific terms.
Governing Law: These Terms are governed by English law, excluding any principles of conflicts of law.