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PREAMBLE
These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "You", "Healthcare Professional") and Medoxa AI ("Company", "We", "Us", "Our"), governing your access to and use of the Medoxa IA platform, including all associated websites, applications, services, and content (collectively, the "Service").
โ ๏ธ PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE.
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DEFINITIONS
"Artificial Intelligence" or "AI": Automated systems and algorithms used by the Service for transcription, text generation, and data processing.
"Clinical Documentation": Medical records, clinical histories, consultation notes, or other healthcare-related documentation generated through or stored on the Service.
"Healthcare Professional": A licensed physician, nurse, or other medical practitioner authorized to practice medicine in their respective jurisdiction.
"Patient Data": Any information relating to an identified or identifiable natural person receiving healthcare services.
"Personal Data": Any information relating to an identified or identifiable natural person, as defined under GDPR.
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ELIGIBILITY AND ACCOUNT REGISTRATION
2.1 Professional Eligibility โ The Service is intended exclusively for licensed Healthcare Professionals. By using the Service, you represent and warrant that:
- You are a duly licensed healthcare professional in your jurisdiction;
- Your medical license is valid, active, and in good standing;
- You are at least 18 years of age;
- You will use the Service solely for legitimate clinical purposes.
2.2 Account Security โ You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.
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DESCRIPTION OF SERVICE
Medoxa IA provides a medical documentation support platform utilizing artificial intelligence to:
- Transcribe audio recordings of medical consultations
- Generate structured clinical histories and documentation
- Provide patient profile management
- Offer clinical decision support tools and medical calculators
The Service is provided "as is" and "as available". We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.
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โ ๏ธ CRITICAL MEDICAL DISCLAIMER
4.1 NO MEDICAL ADVICE
THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT RECOMMENDATIONS. All content is for documentation support only and shall not be construed as medical advice.
4.2 SUPPORT TOOL ONLY
MEDOXA AI IS A DOCUMENTATION SUPPORT TOOL ONLY. It does not replace clinical judgment, professional assessment, or treatment decisions. All clinical decisions remain the sole responsibility of the Healthcare Professional.
4.3 AI LIMITATIONS
AI-GENERATED CONTENT MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. Transcriptions may have errors with medical terminology, accents, or audio quality. All output must be verified before clinical use.
4.4 MANDATORY VERIFICATION
ALL OUTPUT MUST BE INDEPENDENTLY VERIFIED BY THE HEALTHCARE PROFESSIONAL BEFORE ANY CLINICAL USE. You assume full responsibility for reviewing and approving all content before use.
4.5 PROFESSIONAL RESPONSIBILITY โ The Healthcare Professional is solely responsible for:
- All clinical decisions and patient care
- All diagnoses and treatment decisions
- Accuracy of all medical documentation
- Compliance with medical standards of care
- All patient outcomes
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USER OBLIGATIONS
5.1 Patient Consent โ You are solely responsible for obtaining valid, informed consent from patients prior to recording consultations or processing patient data.
5.2 Data Protection Compliance โ You shall comply with all applicable laws including GDPR, HIPAA (where applicable), CCPA, and other privacy laws.
5.3 Acceptable Use โ You agree not to:
- Use the Service for unlawful purposes
- Attempt unauthorized access to systems
- Reverse engineer the Service
- Process data without valid consent
- Share account credentials
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SUBSCRIPTIONS AND PAYMENTS
6.1 Billing โ Paid subscriptions are billed in advance monthly or annually. Payment is processed by our secure third-party payment processor.
6.2 Automatic Renewal โ Subscriptions auto-renew unless cancelled before the renewal date.
6.3 Refunds โ ALL FEES ARE NON-REFUNDABLE unless required by applicable law. Upon cancellation, access continues until the end of the current billing period.
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INTELLECTUAL PROPERTY
All intellectual property rights in the Service, including software, algorithms, designs, and trademarks, remain the exclusive property of Medoxa AI. You retain ownership of content you upload. Unauthorized copying, modification, or distribution is prohibited.
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โ๏ธ LIMITATION OF LIABILITY
8.1 DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.
8.2 MEDICAL LIABILITY EXCLUSION
MEDOXA AI SHALL NOT BE LIABLE FOR ANY MEDICAL ERRORS, MISDIAGNOSES, INCORRECT TREATMENTS, ADVERSE PATIENT OUTCOMES, OR ANY MEDICAL CONSEQUENCES ARISING FROM USE OF THE SERVICE.
8.3 LIMITATION OF DAMAGES
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE.
8.4 LIABILITY CAP
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) โฌ100.
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INDEMNIFICATION
You agree to indemnify and hold harmless Medoxa AI from all claims, damages, and expenses arising from:
- Your use or misuse of the Service
- Your violation of this Agreement or any law
- Any medical decisions or patient care activities
- Failure to obtain patient consent
- Failure to verify AI-generated content
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TERMINATION
You may terminate at any time by cancelling your subscription. We may suspend or terminate your access for violation of Terms, fraudulent activity, non-payment, or at our discretion. Upon termination, your access ceases immediately and data may be deleted per our retention policies.
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DATA PROCESSING
For patient data: You are the Data Controller; Medoxa AI is the Data Processor. We process data only per your instructions. Our Privacy Policy governs personal data collection and use.
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GOVERNING LAW AND JURISDICTION
12.1 Governing Law โ This Agreement is governed by the laws of Portugal and the European Union.
12.2 Jurisdiction โ Disputes shall be resolved in the courts of Portugal.
12.3 EU Consumer Rights โ EU consumers may access the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
12.4 US Compliance โ For US users, provisions may be modified to comply with mandatory state laws.
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GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement between parties.
Severability: Invalid provisions shall be severed; remaining provisions continue in effect.
Modifications: We may update these Terms with 30 days notice. Continued use constitutes acceptance.
Language: English version prevails over any translations.
ACKNOWLEDGMENT
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. THIS AGREEMENT SUPERSEDES ALL PRIOR COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF.
โ End of Terms of Service โ