Welcome to EvidenceMD, a service provided by EvidenceMD Inc, a Delaware corporation ("EvidenceMD," "we," "us," or "our"). EvidenceMD is an AI-powered platform designed to provide healthcare professionals, biomedical professionals, and researchers with AI-generated answers and sources for health-related and biomedical research questions.

This document, the EvidenceMD Terms of Use (these "Terms"), outlines the terms governing your use of our website, mobile apps, and related products and Services (collectively, the "Services"). These Terms are a legally binding contract between you and EvidenceMD so please read them carefully.

These Terms are between you and EvidenceMD, and you may not hold Apple or Google (Apple and Google together with any third-party distributor through which you acquired the EvidenceMD mobile app being the "App Distributors," as applicable) liable for any failure of the Services or the mobile app.

APPLE APP STORE ADDITIONAL TERMS

For users who download the EvidenceMD mobile application from the Apple App Store, the following additional terms apply:

1. Acknowledgement

These Terms are concluded between you and EvidenceMD Inc only, and not with Apple Inc. EvidenceMD, not Apple, is solely responsible for the EvidenceMD mobile application and its content.

2. Scope of License

The license granted to you for the mobile application is limited to a non-transferable license to use the application on Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

3. Maintenance and Support

EvidenceMD, not Apple, is solely responsible for providing any maintenance and support services with respect to the mobile application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.

4. Warranty

EvidenceMD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application.

5. Product Claims

You and EvidenceMD acknowledge that EvidenceMD, not Apple, is responsible for addressing any claims relating to the mobile application or your possession and/or use of the mobile application, including but not limited to: (i) product liability claims; (ii) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

6. Intellectual Property Rights

In the event of any third-party claim that the mobile application or your possession and use of the mobile application infringes that third party's intellectual property rights, EvidenceMD, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Contact Information

For questions, complaints, or claims with respect to the mobile application, please contact:
EvidenceMD Inc
8 The Green #17911
Dover, DE 19901
Email: krishnakumar@evidencemd.ai

9. Third Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the mobile application, including but not limited to your wireless data service agreement.

10. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms with respect to your use of the mobile application, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

TO USE THE SERVICES, YOU MUST ACCEPT THESE TERMS AND YOU MUST BE LEGALLY PERMITTED TO ACCEPT THESE TERMS.

1. ACCESS TO THE SERVICES

The Services are meant for use only by those over 18 years of age. If you are not yet 18, you may not use them. By using, accessing or browsing the EvidenceMD Services, including any platform or products, applications, mobile, software, websites or other properties we own or operate or by registering for an EvidenceMD account, you agree to be bound by these Terms.

If you are using the Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization and representing to EvidenceMD that you have the authority to commit that organization to these Terms (in which event, "you" and "your" will refer to that organization). If your organization has a separate written contract in effect with us, the terms of that contract will govern your use of the Services.

You must be a healthcare professional (in practice or in training), biomedical professional, or researcher to use the Services. By registering and using the Services, you affirm that you are or are training to be a qualified healthcare professional, biomedical professional, or researcher in each applicable jurisdiction.

Important Medical and Regulatory Disclaimers

The Services are intended for educational, informational, and research purposes only and they are not a substitute for professional medical advice, diagnosis, or treatment.

FDA Notice: This application has not been evaluated or approved by the Food and Drug Administration (FDA) as a medical device. The AI-generated content provided through the Services does not constitute medical diagnoses, treatment recommendations, or clinical decision-making tools. Healthcare professionals should rely on their own clinical judgment, established medical guidelines, and appropriate diagnostic tools when making patient care decisions.

Professional Responsibility: Users are solely responsible for verifying the accuracy and appropriateness of any AI-generated information before applying it in clinical, research, or professional contexts. The Services are designed to assist with information gathering and research, not to replace professional expertise or clinical judgment.

For personal medical concerns, including decisions about medications and other treatments for yourself, you should always consult a physician or, in serious cases, seek immediate assistance from emergency medical personnel.

2. YOUR ACCOUNT

To use certain portions of the Services, you must obtain an account by completing a registration form and choosing a user ID and password or by using an established third-party account (in either case, "Credentials"). Credentials may also include authentication tokens or similar technologies that may permit a login to the Services without the need for a user ID or password. In any case, when registering with EvidenceMD you must: (a) provide true, accurate, current and complete information on the registration form, and (b) maintain such information so it continues to be true, accurate, current and complete.

Only you may use your EvidenceMD account and you are responsible for all aspects of your account. You may not share, loan, or transfer your Credentials or access to the Services.

If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact EvidenceMD Support – see Section 23, below.

3. LICENSE TO THE SERVICES

Subject to these Terms, EvidenceMD grants you a nonexclusive, non-transferable right and license to access and use the Services. Your use is limited to your personal and non-commercial purposes, or for legitimate research and professional activities.

The limited license set out in this Section 3 does not permit any other use of the Services. You agree not to use the Services for any purpose other than those specified in these Terms. These Terms do not grant you any right or license to incorporate or make use of any EvidenceMD intellectual property (including, for example and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any product. Except as expressly set forth in these Terms, no other rights or licenses are granted or to be implied under any EvidenceMD intellectual property. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human-perceivable form, and you will not modify, network, rent, lease, transmit, sell, or loan the Services in whole or in part.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including Content (defined below) "EvidenceMD Content") solely for your personal, professional, and research use. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or EvidenceMD Content except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable.

By registering with EvidenceMD or signing up for the Services, you consent to us sending you emails or text messages relating to the Services, including: (a) notices about your use of the Services, including notices of violations of use, (b) updates to the Services and new features or products, (c) administrative messages and other information, and (d) advertising, marketing, and other materials regarding EvidenceMD products and Services. You may choose to opt out of receiving advertising and marketing materials by unsubscribing from such communications by following the instructions in the message.

Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.

As part of the Services, you may receive communications through the Services, including messages that EvidenceMD sends you (for example, via email or SMS text messaging). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. If you provide a phone number to us, we may use that number to communicate with you using that number – including by text messages or voice calls sent manually or through an automatic telephone dialing system or other automated systems. If you do not wish to receive communications from us through the phone number, do not provide us with the number or opt out as provided in the communications themselves.

5. CONTENT

Any electronic documents, files, or data that you upload, create, or store on your account or use with the Services is your "Content." As between EvidenceMD and you, all Content uploaded by you into your account is yours. We do not control, verify, or endorse the Content that you or others put on or access through the Services. You are responsible for: (a) all Content in your EvidenceMD account and that you share through the Services, and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms. When you share your Content, you may be allowing other people to access and use your Content without further restriction or compensation to you.

By using the Services, you give EvidenceMD (as well as agents or service providers acting on EvidenceMD's behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide and improve the Services, (ii) as permitted by these Terms, (iii) as required by law, regulation or order, or (iv) to respond to an emergency.

You will only use the Services for your own internal, personal, professional, or research use, and not on behalf of or for the benefit of any third party (except as part of legitimate research collaboration), and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

The Services are provided from the United States and intended only for use if you are located in the United States. By using and accessing the Services, you agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) may be able access the Services (including Content) from outside the United States and that nothing prohibits the processing of other information outside of the United States.

Upon termination of the Services, the associated Content may be permanently deleted and inaccessible to you. It is your responsibility to back up your Content and to migrate any Content off the Services that you may want after termination.

Certain Content may be maintained and displayed publicly or through the Services after termination of your account.

6. CONFIDENTIAL INFORMATION

During your use of the Services, EvidenceMD may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to EvidenceMD (EvidenceMD's "Confidential Information").

Similarly, we agree that information provided in connection with your account is confidential to you (your "Confidential Information").

Also, if either of us provide any documents to the other that are labeled "confidential" (or something similar) or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential, such information is to be treated as Confidential Information.

However, if you tell us information that: (a) we already know at the time you tell us, (b) was told to us by a third party who had the right to tell us, (c) is generally available to the public, or (d) was independently developed by us without using any of your Confidential Information, then that information will not be considered your Confidential Information. The same goes for information that we tell you that falls into any of these categories.

We both agree that we will: (i) treat each other's Confidential Information with the same degree of care that we treat our own Confidential Information, (ii) use each other's Confidential Information only in connection with these Terms and the Services, (iii) only share the Confidential Information with others who have a need to know and who have agreed in writing to treat it as confidential (as we've outlined in this section), and (iv) not share the other's Confidential Information with any third party, except as allowed in these Terms. Of course, Confidential Information will always remain the property of its owner.

Our obligations to one another with respect to Confidential Information will survive any termination or expiration of these Terms.

7. ACCEPTABLE USE POLICY

You may not, nor will you encourage or assist others to, harm the Services or use the Services to harm others or to do anything against the law. For example, you may not use the Services to harm, threaten, or harass another person, organization or EvidenceMD, or to build a similar service or platform. Without limiting the foregoing principles, you may not: (a) damage, disable, overburden, or impair the Services (or any network connected to the Services), (b) resell or redistribute the Services or any part thereof, (c) use any unauthorized means to attempt to or to modify, reroute, or gain access to the Services, (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by EvidenceMD) to access or use the Services, (e) use the Services beyond the contracted limits or in violation of these Terms, (f) use the Services to, or to cause EvidenceMD to, violate any law or distribute any malware or malicious content, (g) if you are a competitor of EvidenceMD with respect to the Services, use the Services for competitive benchmarking or other competitive analysis, unless permitted under applicable law, (h) distribute, post, share information or Content illegally or without permission.

AI Content Reporting

If you encounter AI-generated content that is inappropriate, offensive, harmful, inaccurate, or violates these Terms, you may report such content through the reporting mechanism provided within the Services or by contacting our support team (see Section 23). We will review reported content promptly and take appropriate action, which may include content removal, system improvements, or account restrictions. We encourage users to report any AI-generated medical or research information that appears to be dangerous, misleading, or potentially harmful to patient care.

As part of our efforts to protect the Services, protect our users, or to stop you from breaching these Terms, we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services. We also reserve the right to deactivate, change or require you to change your EvidenceMD Credentials or other public identities you may obtain through the Services.

Content Moderation and Safety Measures

Automated Filtering: AI responses are automatically screened for potentially harmful, inappropriate, or inaccurate medical information
Quality Assurance: Regular review of AI outputs to ensure they meet our standards for professional medical and research use
User Feedback Integration: Reported content and user feedback are used to continuously improve our AI safety measures
Response Limitations: The AI is programmed with safeguards to avoid providing direct medical diagnoses, treatment recommendations, or emergency medical advice

We reserve the right to temporarily or permanently restrict access to AI features for users who repeatedly generate or attempt to generate inappropriate content.

If you learn of any unauthorized or unacceptable use of any account, Content, or the Services, you must promptly contact EvidenceMD and take all reasonable steps to cooperate with EvidenceMD and assist in the termination of such use.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

In addition, you warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea, Donetsk, or Luhansk regions). You also warrant that you aren't a person or entity who is named on any U.S. government specially designated national or denied-party list. If you become subject to such a restriction during the term of these Terms, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to EvidenceMD).

8. SUSPENSION, TERMINATION, AND CANCELLATION OF THE SERVICES

We reserve the right to suspend or terminate your access to the Services at any time in our sole discretion if: (a) you are in breach of these Terms, (b) your use of the Services could cause a risk of harm or loss to EvidenceMD, our other users, or third parties, or (c) EvidenceMD declines to provide continued access to the Services for any reason. When reasonable and as permitted by law, EvidenceMD will provide you with reasonable advance notice of this change as well as an opportunity to correct any actions that led to EvidenceMD's decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for EvidenceMD, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, EvidenceMD may still make a determination that it does not want to continue offering you access to the Services at any time for any or no reason.

If your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.

9. UPDATES TO THE SERVICES

We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.

10. THIRD-PARTY PRODUCTS

EvidenceMD may make available

If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable provider of the Third-Party Products.

11. EVIDENCEMD PROPRIETARY RIGHTS

All contents of the Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, along with all EvidenceMD Confidential Information, belong to EvidenceMD, or its suppliers, affiliates, or licensors.

EvidenceMD and its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and EvidenceMD Confidential Information. No title to or ownership of any proprietary rights related to the Services or EvidenceMD Confidential Information is transferred to you pursuant to these Terms.

If you provide comments, suggestions or recommendations to EvidenceMD about the Services (for example, proposed modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to EvidenceMD, and EvidenceMD may use the Feedback in any way it chooses, without obligation to account to you in connection with the Feedback.

12. AI SERVICES

1) Inputs and Outputs

When accessing or using AI Services, you may provide Content ("Input") to be processed by the AI Services, and receive output generated by the AI Services based on the Input ("Output"). You are solely responsible for the selection, content, and submission of all Input and the use, reproduction, distribution, storage, and other processing of the Output. You will ensure that neither its Input nor its use of the Output will violate any applicable law, rule, or regulation, including intellectual property laws or data privacy and protection laws. You acknowledge and agree that due to the nature of artificial intelligence, Output might be the same as or similar to data, information, content, or output provided to others.

2) Restrictions

You may not use, and shall ensure that its personnel or other authorized users do not use, AI Services or any Output: (i) to develop foundation models or other large scale models that compete with the AI Services; (ii) to mislead any person to believe or assume that Output was human-generated; (iii) in a manner that violates any technical documentation, usage guidelines, or parameters that may be made available by EvidenceMD; (iv) for any purpose other than in furtherance of your use of EvidenceMD's Services provided to you pursuant to these Terms; or (v) to reverse engineer, decompile, disassemble or seek to discover any underlying components of the models, algorithms, and systems used in or to develop the AI Services, such as seeking to exfiltrate the weights of models or the bulk training data used to train the AI Services. For the avoidance of doubt, the foregoing prohibitions also mean that you may not employ any "prompt injection attack," "model extraction attack," "knowledge distillation," or similar techniques to try to reverse engineer any portion of the Services or AI Services.

3) Assumption of Risk

You assume all risks associated with your use of the Output. Without limiting the foregoing, you acknowledge and agree that some or all Output may be inaccurate, unfair, biased, inequitable, discriminatory, or incomplete and that EvidenceMD shall not have any liability or responsibility for any Output. It is your responsibility to review and validate any Output. Nothing in the AI Services or the Output is a substitute for your independent expertise and professional judgment.

13. WARRANTIES

Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, or the Services' reliability, availability, or ability to meet your needs.

TO THE EXTENT NOT PROHIBITED BY LAW, EVIDENCEMD AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS): (A) PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE," (B) MAKE NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (FOR EXAMPLE, WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

OF COURSE, EVIDENCEMD DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES IT DOES NOT CONTROL, INCLUDING THE INTERNET, AND THE LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT MAY RESULT FROM THE USE OF SUCH COMMUNICATIONS FACILITIES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

14. INDEMNIFICATION

To the extent not prohibited by law, you will defend, indemnify, and hold harmless EvidenceMD and any of our affiliates, officers, agents, employees, and licensors against any cost, loss, damage, or other liability arising from or related to any third-party demand or claim relating to: (a) your failure to comply with these Terms, (b) your Content, or (c) your use of the Services. EvidenceMD will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.

15. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR EVIDENCEMD AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF EVIDENCEMD HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF YOU OR EVIDENCEMD AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, WILL BE LIMITED TO $100 US. THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE IN THIS SECTION 15 ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

Nothing in these Terms will exclude or limit the liability of you or EvidenceMD and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for any liability that cannot be excluded or limited by law.

The provisions of this Section 15 allocate the risks under these Terms between you and EvidenceMD, and you and EvidenceMD have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services.

16. DISPUTE RESOLUTION AND GOVERNING LAW

You must comply with all domestic and international export laws and regulations that apply to your use of the Services. These laws include restrictions on destinations, end users, and end use. Without limitation of the foregoing, you represent and warrant that (a) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

The Terms, and your relationship with EvidenceMD, will be governed by the laws of the State of California, USA regardless of conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. Any claims relating to the Services or these Terms can only be litigated in the federal or state courts having jurisdiction in San Francisco in the State of California, USA and we each agree to personal jurisdiction in those courts. However, you agree that EvidenceMD can apply for injunctive remedies in any jurisdiction.

To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.

17. COPYRIGHT COMPLAINTS AND REMOVAL POLICY

EvidenceMD respects the rights of all copyright, trademark and intellectual property owners.

If you believe that your work has been copied in a manner that constitutes a copyright infringement, please notify us by contacting our designated agent for notification of claimed infringement at the addresses indicated in Section 23 (Contact EvidenceMD) below.

For any notice of claimed infringement, be sure to include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:

A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit use to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party can be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account of violators.

In the event of any third-party claim that the Services or your use of same infringes that third party's intellectual property rights, EvidenceMD will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

18. TRIALS

We may offer trial usage for some portions of the Services. If you sign up for such use, your trial period starts on the day you create the trial account and lasts for up to the number of days specified when you sign up. If you are on a trial, you may cancel at any time until the last day of your trial. At the conclusion of your trial, you will have no access to the Services and all of your Content will be permanently deleted. Trial usage is for testing and evaluation only, and not for production purposes. If you want to continue to use the Services after the trial, you must contact us before the end of the trial period (contact EvidenceMD Support – see Section 23, below) and establish a full-use account.

19. FEES

If you use the Services, you agree to pay the applicable fees ("Fees") as quoted to you when you sign up for the Services. We may calculate taxes payable by you based on the billing information that you provide to us at the time of purchase. You are responsible for all charges related to using the purchased Services (for example, taxes, data charges and currency exchange settlements). You will pay the Fees in the currency EvidenceMD quoted at the time of purchase. EvidenceMD reserves the right to change the eligible currencies at any time, except where not permitted by applicable law.

EvidenceMD reserves the right to change its prices at any time; however, if we have offered a specific duration and Fee for your use of the Services, the offered Fee will remain in force for that duration. After the offer period ends, your use of the Services will be charged at the then-current Fees. If you don't agree to these changes, you must stop using the Services and cancel by contacting EvidenceMD Customer Support – billing (see Section 23, below). If you cancel, your Services ends at the end of your current Services period or payment period, and no refunds for previously paid Fees or previously provided Services will be issued.

In addition to the Fees for the Services, EvidenceMD will charge you, and you must pay, for Third-Party Products purchased through the Services and for which EvidenceMD is authorized to charge you.

20. PRIVACY

We collect certain information about you in connection with the Services. We use and protect that information as described in our Privacy Policy at [PRIVACY POLICY URL TO BE INSERTED]. You acknowledge your use of the Services are subject to our Privacy Policy and understand that it identifies how EvidenceMD collects, stores, and uses certain information.

21. CHANGES TO THESE TERMS

We reserve the right to modify these Terms. We will post the most current version of these Terms at /terms-of-use. If we make material changes to these Terms, we will notify you through the Services or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account – for cancellations, contact EvidenceMD Support – billing (see Section 23, below). Your continued use of the Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.

22. GENERAL TERMS

1) Severability; Entire Agreement

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Services. It supersedes any prior contract or oral or written statements regarding your use of the Services.

2) Survival of Terms

The following provisions will survive any termination or expiration of these Terms, as applicable: Sections 6 (Confidential Information), 10 (Third-Party Products), 11 (EvidenceMD Proprietary Rights), 12 (Warranties), 14 (Indemnification), 15 (Limitation of Liability), 16 (Dispute Resolution and Governing Law), and 22 (General Terms).

3) Force Majeure

Neither party will be responsible or have any liability for any delay or failure to perform its non-monetary obligations under this Agreement to the extent due to unforeseen circumstances or causes beyond its reasonable control, including acts of nature, earthquake, fire, flood, sanctions, embargoes, strikes, lockouts or other labor disturbances, civil unrest, failure, unavailability or delay of suppliers or licensors, riots, terrorist or other malicious or criminal acts, war, failure or interruption of the internet or third party internet connections or infrastructure, power failures, acts of civil and military authorities and severe weather ("Force Majeure"). The affected party will give the other party prompt written notice (when possible) of the failure to perform due to Force Majeure and use its reasonable efforts to limit the resulting delay in its performance.

4) Assignment and Transfer

We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign or transfer any rights to use the Services unless we provide written consent for you to do so.

5) Independent Contractors; No Third-Party Beneficiaries

EvidenceMD and you are not legal partners, joint venturers, or agents of one another; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for our permitted successors.

6) Publicity

EvidenceMD may identify you as a customer on its website and in other marketing materials by use of your organization name and public logo, provided that EvidenceMD does not reveal any details about the specific Services provided to you or your Confidential Information.

7) Waiver

The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.

23. CONTACT EVIDENCEMD

For questions or concerns about these Terms or the Services, please contact EvidenceMD as follows:

Support – krishnakumar@evidencemd.ai
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