Terms of Use (v2.0) - Medisage | Digital Health Companion

1. Acceptance of Terms

Agreement Requirement

By accessing, downloading, or using the Medisage application ("App") and related services ("Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

Non-Acceptance

If you do not agree to these Terms, you must not access or use our Services. Continued use of Medisage constitutes acceptance of any updated Terms.

Binding Agreement

These Terms constitute a legally binding agreement between you and Medisage. They supersede any prior agreements or understandings regarding your use of our Services.

2. Service Description

Medical Record Management

Medisage provides digital health management features including:

Secure storage and organization of medical documents
AI-powered analysis of uploaded health records
Health parameter tracking and trend analysis
Blood test analysis with guideline-informed, educational summaries

Medication Management

Smart medication tracking and reminder system:

Customizable medication schedules and reminders
Adherence tracking and analytics
Family caregiver collaboration features
Potential interaction flags for discussion with your clinician

Family Health Coordination

Multi-profile family health management:

Unlimited family member profiles
Secure health data sharing with permissions
Emergency contact management
Caregiver access controls

Health Analytics

Comprehensive health insights and reporting:

Personalized health recommendations
Trend analysis and risk assessment
Health score calculation
Wellness plan generation

3. Eligibility & Account Requirements

Age Requirements

Primary Users: Must be at least 18 years old
Minors (13-17): Require verified parental consent
Children (Under 13): Account managed by parent/guardian
Legal Capacity: Must have legal capacity to enter into agreements

Account Creation

To create an account, you must:

Provide accurate and complete registration information
Maintain the security and confidentiality of your account credentials
Verify your email address and contact information
Accept our Privacy Policy and Medical Disclaimer
Comply with all applicable laws and regulations

Prohibited Users

You may not create an account if you:

Have been previously suspended or banned from Medisage
Are prohibited from using our Services by applicable law
Intend to use the Services for unlawful purposes
Are a competitor seeking to access our proprietary technology

4. 🤖 AI Processing & Consent Management

5. User Responsibilities

Account Security

Maintain confidentiality of login credentials
Use strong, unique passwords
Enable two-factor authentication when available
Immediately report unauthorized access

Data Accuracy

Provide accurate health and personal information
Update information when circumstances change
Verify uploaded medical documents are yours
Report any data inconsistencies

Legal Compliance

Comply with all applicable laws and regulations
Respect intellectual property rights
Use Services only for intended purposes
Report violations of these Terms

Health Decisions

Understand Services are not medical advice
Consult healthcare professionals for medical decisions
Use emergency services for medical emergencies
Take responsibility for health-related actions

6. Content Upload & Sharing

Upload Permissions

When uploading content to Medisage, you represent and warrant that:

Ownership: You own or have legal rights to all uploaded content
Consent: You have consent to upload others' health information (family members)
Accuracy: All uploaded information is accurate and truthful
Legality: Content complies with applicable laws and regulations

Content License

By uploading content, you grant Medisage a limited, non-exclusive license to:

Store and process your content to provide Services
Generate AI insights and health analytics
Display content within your account and to authorized users
Backup and secure your data for service continuity

License Limitations:

We will not share your content publicly without permission
License terminates when you delete content or close your account
We respect your ownership rights and privacy preferences

7. AI Insights & Limitations

AI Capabilities

Medisage uses artificial intelligence to:

Analyze uploaded medical documents using OCR and vision processing
Extract health parameters from blood tests and reports
Generate personalized health insights and recommendations
Generate potential interaction flags for healthcare discussions
Track health trends and patterns over time

AI Limitations & Legal Disclaimers

IMPORTANT: AI-generated insights have significant limitations and legal considerations:

Not Medical Advice

AI insights are informational only and do not constitute medical advice, diagnosis, or treatment recommendations.

Algorithmic Generation

All insights are generated algorithmically and may be incomplete, inaccurate, or misinterpreted. Do not rely on AI analysis for health decisions.

Educational Purposes Only

AI insights are provided for educational and informational purposes only and should not replace professional medical consultation.

Professional Consultation Required

Always consult qualified healthcare professionals before making health decisions based on AI insights.

Not for Emergencies

AI processing is not real-time and should NEVER be relied upon for emergency medical situations. Call 911 for emergencies.

No Self-Diagnosis

Self-diagnosis based on AI insights is strongly discouraged and may be harmful. Seek professional medical advice for all health concerns.

User Acknowledgment & Comprehensive AI Consent

By using Medisage AI features, you acknowledge and explicitly consent to the following:

📋 Comprehensive AI Liability Waiver

You expressly waive and release Medisage from any and all claims, damages, losses, or liability arising from:

🔒 Privacy & Data Exposure

PHI exposure to third-party AI services during processing
Data retention by AI providers according to their policies
Changes in AI provider privacy practices or terms of service
Unauthorized access to data at third-party AI services

🤖 AI Accuracy & Performance

Inaccurate, incomplete, or misleading AI-generated insights
Errors in experimental AI algorithms or models
Inconsistent results between different AI providers
Technical failures in AI processing systems

⚕️ Medical & Health Consequences

Health decisions made based on AI-generated recommendations
Delayed or inappropriate medical care due to AI insights
Adverse health outcomes related to AI-influenced decisions
Missed medical conditions or misinterpretation of health data

🔬 Experimental Features

Participation in AI experimentation and research programs
Use of beta or experimental AI features
Unexpected behavior of new AI algorithms
Service disruptions due to AI system updates or changes

🚫 Opt-Out Options

You can disable AI processing in Settings → Privacy → AI Processing. Note that this will:

Disable document analysis and health insights
Limit medication interaction checking
Reduce automated health parameter extraction
Maintain all other app functionality

8. Medical Disclaimer

CRITICAL MEDICAL DISCLAIMER

Medisage is NOT a medical device and does NOT provide medical diagnosis, treatment, or therapeutic recommendations. This service is for health information management only.

What Medisage Does NOT Provide

Medical Diagnosis

We do not diagnose medical conditions or interpret symptoms

Treatment Recommendations

We do not prescribe medications or recommend specific treatments

Emergency Services

We do not provide emergency medical services or urgent care

Professional Medical Care

We do not replace the need for professional medical care

When to Seek Professional Care

Always consult qualified healthcare professionals for:

Medical Emergencies: Call emergency services immediately
New Symptoms: Unexplained or concerning health changes
Medication Changes: Starting, stopping, or modifying medications
Health Decisions: Any decisions affecting your health or treatment
Data Interpretation: Understanding medical test results and reports

EMERGENCY SITUATIONS

For medical emergencies, contact emergency services immediately. Do not rely on Medisage for emergency medical assistance.

9. Prohibited Conduct

You agree NOT to:

Security Violations

Attempt to gain unauthorized access to our systems
Interfere with or disrupt our Services or servers
Circumvent security measures or access controls
Probe, scan, or test system vulnerabilities

Harmful Content

Upload content that is unlawful, harmful, or offensive
Submit false, misleading, or fraudulent information
Upload content that violates others' privacy rights
Share content containing malware or malicious code

Intellectual Property

Violate intellectual property rights of others
Copy, modify, or distribute our proprietary content
Reverse engineer or decompile our software
Use our trademarks without permission

Misuse of Services

Impersonate another person or entity
Create fake accounts or provide false information
Use Services for commercial purposes without authorization
Attempt to sell, transfer, or sublicense your account

Consequences of Violations

Violations of these Terms may result in:

Warning: Notice of violation and requirement to cease activity
Suspension: Temporary restriction of account access
Termination: Permanent account closure and service ban
Legal Action: Pursuit of legal remedies for serious violations

10. Subscription & Billing

Service Tiers

Free Tier

Basic health record storage
Limited AI insights (5 per month)
Simple medication reminders
Single user profile

Basic Plan

Enhanced AI processing (25 insights/month)
Multi-profile family support
Advanced medication management
Blood parameter analysis

Premium Plan

Unlimited AI insights and processing
Advanced family collaboration
Comprehensive health analytics
Priority support and features

Billing & Payments

Subscription Billing

Subscriptions automatically renew unless cancelled
Payment is charged in advance for each billing period
Billing cycles: Monthly or Annual options available
All fees are non-refundable unless required by law

Payment Methods

Credit cards, debit cards, and digital wallets accepted
You authorize us to charge your payment method
Keep payment information current and valid
Payment processing handled by certified providers

Price Changes

We may modify subscription prices with notice
Price changes apply to subsequent billing periods
30-day advance notice for price increases
Option to cancel before price change takes effect

Cancellation & Refunds

Subscription Cancellation

You may cancel your subscription at any time:

Cancel through account settings in the app
Contact customer support for assistance
Cancellation takes effect at end of current billing period
Continue to have access until period expires

Refund Policy

Generally, all fees are non-refundable, except:

Unused portions of annual subscriptions in certain jurisdictions
Charges disputed within 30 days with valid reason
Billing errors corrected upon verification
Refunds required by applicable consumer protection laws

11. Data Protection & Privacy

Our Privacy & HIPAA Commitment

Medisage is committed to protecting your personal and health information with industry-leading security measures and HIPAA-aligned privacy practices.

HIPAA Alignment

Designed to meet HIPAA requirements; formal compliance will be finalized before PHI processing

End-to-End Encryption

Data encrypted in transit and at rest using AES-256 encryption

Access Controls

Strict access controls, audit logging, and minimal necessary access principles

Protected Health Information (PHI) Handling

HIPAA-Aligned Privacy Practices:

PHI Definition: We handle all uploaded health information as Protected Health Information (PHI) under HIPAA standards
Minimum Necessary: We access and process only the minimum PHI necessary to provide our services
Business Associate Agreements: All third-party vendors handling PHI are bound by HIPAA-compliant Business Associate Agreements (BAAs)
Access Logging: All PHI access is logged and monitored for unauthorized access attempts
Breach Notification: We maintain HIPAA-compliant breach notification procedures and timelines
Employee Training: All staff receive HIPAA privacy and security training

Emergency Disclaimer

CRITICAL: For emergency medical situations, immediately contact emergency services (911). Do not rely on this app for emergency medical care or urgent health decisions.

Your Privacy Rights

Under applicable privacy laws, you have the right to:

Access: Request copies of your personal data
Correction: Update inaccurate or incomplete information
Deletion: Request deletion of your personal data
Portability: Export your data in machine-readable format
Restriction: Limit processing of your data
Objection: Object to certain types of data processing

Complete Privacy Information

For detailed information about our privacy practices, please review our comprehensive Privacy Policy, which covers:

Detailed data collection and usage practices
Third-party sharing and processing
International data transfers
Security measures and breach procedures
Contact information for privacy inquiries

12. Service Availability

Service Uptime

We strive to maintain high service availability but cannot guarantee uninterrupted access:

Target Uptime: 99.5% availability (excluding planned maintenance)
Maintenance Windows: Scheduled during low-usage periods with advance notice
Emergency Maintenance: May occur without notice for security or stability
Service Monitoring: 24/7 monitoring and incident response

Service Modifications

We reserve the right to modify, suspend, or discontinue Services:

Feature Updates: Regular improvements and new features
Deprecation Notice: 90-day notice for significant feature removals
Emergency Changes: Immediate changes for security or legal compliance
Migration Assistance: Reasonable assistance for data export if services are discontinued

Force Majeure

We are not liable for service interruptions caused by events beyond our reasonable control, including:

Natural disasters, pandemics, or acts of God
Government actions, sanctions, or regulatory changes
Third-party service provider outages
Internet infrastructure failures
Cyberattacks or security incidents

13. Intellectual Property

Our Intellectual Property

Medisage and its licensors own all intellectual property rights in the Services, including:

Software: Mobile applications, web interfaces, and backend systems
Algorithms: AI models, health analysis algorithms, and proprietary methods
Content: Text, graphics, logos, images, and user interface elements
Trademarks: Medisage name, logos, and branded elements
Trade Secrets: Proprietary business methods and technical implementations

Your Content Rights

You retain ownership of content you upload to Medisage:

Medical Records: You own your uploaded health documents and data
Personal Information: Your profile and account information remains yours
Generated Insights: Health insights generated from your data belong to you
Data Export: You can export your data in standard formats

License Grant

We grant you a limited, non-exclusive, non-transferable license to:

Use the Medisage Services for personal health management
Access and download your health data and insights
Share content within the app according to your permission settings
Use our Services in compliance with these Terms

License Restrictions:

You may not copy, modify, or distribute our software
You may not use our Services for commercial purposes
You may not reverse engineer or attempt to extract source code
You may not use our trademarks without written permission

14. Limitation of Liability

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND:

No Medical Warranties: We disclaim all warranties regarding medical accuracy or suitability
No Technical Warranties: No guarantee of error-free or uninterrupted service
No Fitness Warranties: No warranty that Services meet your specific needs
Third-Party Content: No warranties regarding third-party content or services

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDISAGE SHALL NOT BE LIABLE FOR:

Indirect Damages

Consequential or incidental damages
Lost profits or business opportunities
Loss of data or information
Emotional distress or personal injury

Medical-Related Damages

Health outcomes based on AI insights
Delayed or missed medical care
Medication errors or drug interactions
Misinterpretation of health data

Service-Related Damages

Service interruptions or downtime
Data loss or corruption
Security breaches affecting your data
Third-party service failures

Damage Cap

If we are found liable for any damages, our total liability shall not exceed:

Paid Users: The amount you paid for Services in the 12 months preceding the claim
Free Users: $100 USD or equivalent in your local currency
Multiple Claims: Aggregate liability capped at the above amounts

Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Termination

Termination by You

You may terminate your account at any time:

Account Deletion: Use account settings to delete your account
Contact Support: Email support for deletion assistance
Data Export: Export your data before deletion
Subscription Cancellation: Cancel recurring billing separately

Termination by Medisage

We may terminate or suspend your account for:

Terms Violations: Material breach of these Terms
Illegal Activity: Use of Services for unlawful purposes
Payment Issues: Non-payment of subscription fees
Abuse: Abuse of Services or other users
Inactivity: Extended periods of account inactivity

Termination Process

Notice Period

We typically provide 30 days' notice before termination, except for:

Immediate security threats
Legal compliance requirements
Serious Terms violations

Data Retention

After termination:

Account access immediately suspended
Data retained for 30 days for potential recovery
Permanent deletion after retention period
Legal hold data retained as required by law

Appeals Process

If you believe termination was in error:

Contact support within 30 days
Provide explanation and supporting evidence
We will review and respond within 14 days
Reinstatement possible if termination was erroneous

Effect of Termination

Upon termination of your account:

All licenses granted to you terminate immediately
Your right to use the Services ends
Unpaid fees become immediately due
Survival clauses (liability, arbitration) remain in effect
You remain responsible for activities that occurred before termination

16. Governing Law

Applicable Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

Jurisdiction & Venue

Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located in [Your City, State/Province].

Dispute Resolution

Before filing any legal action, we encourage resolving disputes through:

Direct Communication: Contact our legal team at legal@medisage.app
Good Faith Negotiation: 60-day period for informal resolution
Mediation: Binding mediation if informal resolution fails
Arbitration: Binding arbitration for disputes over $10,000

Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive the right to participate in class actions, collective proceedings, or representative lawsuits.

International Users

If you access Medisage from outside [Your Country], you acknowledge that:

Local laws may also apply to your use of the Services
You are responsible for compliance with local regulations
Data processing may occur in countries other than your own
These Terms remain the primary governing agreement

17. Contact Information

Legal Department

For Terms of Service questions and legal matters

legal@medisage.app

Customer Support

For general questions and account assistance

support@medisage.app

Privacy Officer

For privacy-related inquiries and data requests

privacy@medisage.app

Security Team

For security issues and vulnerability reports

security@medisage.app

Business Information

Company Name: Medisage Health Technologies

Business Address: [Your Business Address]

Registration Number: [Business Registration Number]

VAT/Tax ID: [Tax Identification Number]

Response Times

Legal Inquiries: 5-7 business days
General Support: 24-48 hours
Privacy Requests: 30 days (as required by law)
Security Issues: 24 hours acknowledgment