Terms | Dr.AI

TERMS OF USE

Last Updated: December 7, 2023

Welcome to Dr.AI, a groundbreaking medical analysis platform brought to you by Meiyo Medical Technology Inc (Samoa) and IntoWell Biomedical Technology Inc (Taiwan) (hereinafter referred to as "IntoWell"). These Terms of Use ("Terms") are designed to govern your access and use of our website and services, including the professional version for Healthcare Professionals and the general version for Individuals (collectively, "Services").

Dr.AI embodies a new era in global healthcare, blending advanced AI algorithms with deep medical insights to provide precise medical analyses and health recommendations. Our Services are accessible globally, offering comprehensive health analysis and personalized care recommendations, based on cutting-edge AI technology and expansive medical expertise.

By accessing or using Dr.AI, you acknowledge and agree to these Terms, which form a binding legal agreement between you and IntoWell. If you are a healthcare professional, these Terms specifically guide your usage of Dr.AI as a supplemental tool in your practice. If you are an individual user, these Terms outline how you may use Dr.AI for personal health insights.

Please read these Terms carefully. They include important information about your legal rights, and cover areas such as limitations of liability, privacy of personal information, user responsibilities, and a disclaimer regarding the medical information provided. Your use of Dr.AI constitutes your acceptance of and agreement to all of the terms and conditions in these Terms. If you do not agree to be bound by these Terms, you should not access or use Dr.AI.

We reserve the right to modify or replace these Terms at any time as our Services evolve. The latest version of the Terms will always be posted on our website. Your continued use of Dr.AI after any changes constitutes your acceptance of the new Terms.

Welcome to Dr.AI – Your gateway to AI-powered healthcare.

1. REGISTRATION

Eligibility: To access Dr.AI's services, users must be at least 18 years old.
Account Creation: When registering for an account, users are required to provide complete and accurate information. This information must be kept current to ensure effective communication about service updates, changes to our Terms or Privacy Policy, and for legal inquiries or complaints.
Account Security: Users are solely responsible for all activities conducted under their account. This includes maintaining the confidentiality of account credentials and updating any security breaches or unauthorized use of their account immediately.
Liability: IntoWell is not liable for losses or damages resulting from users' actions or omissions related to account management.
Communication Consent: Registering for Dr.AI may lead to receiving informational or marketing communications. Users have the option to opt out of these communications at any time.
Use Compliance: Users must comply with all relevant laws and regulations in their use of Dr.AI's services, ensuring they do not infringe on the rights of others or misuse the service.

2. USAGE REQUIREMENTS

Service Access and Usage: Users are granted a non-exclusive right to access and use Dr.AI in accordance with these Terms. Users must comply with these Terms and all applicable laws. All rights, title, and interest in Dr.AI are owned by IntoWell.
Feedback and Contributions: Any feedback, comments, ideas, or suggestions provided to Dr.AI may be used by us without any restriction or compensation to you.
Use Restrictions:

Users must not use Dr.AI in a manner that infringes or violates any rights.
Reverse engineering or attempting to discover the source code or underlying algorithms of Dr.AI is prohibited.
Users may not use outputs from Dr.AI to develop competing models.
Automated data extraction from Dr.AI, other than through permitted means, is forbidden.
Misrepresenting Dr.AI's outputs as human-generated is not allowed.
Buying, selling, or transferring access credentials without prior consent is prohibited.

Third-Party Services: Dr.AI may integrate with third-party services, which are subject to their own terms. We are not responsible for these third-party services.
AI Model Limitations: Users acknowledge the limitations of AI models. Information provided by Dr.AI is intended to support, not replace, professional medical advice and is not tailored to individual patient circumstances.
Professional Judgment and Responsibility: Users, especially healthcare professionals, should not substitute Dr.AI's output for their professional judgment. The company is not responsible for decisions or actions taken based on the use of Dr.AI.
Compliance with Laws: Users are responsible for complying with all applicable laws and regulations, including data privacy laws like HIPAA, when using Dr.AI.
Equipment and Security: Users are responsible for the maintenance and security of the devices used to access Dr.AI and for ensuring that Dr.AI is not accessed by unauthorized individuals.
Non-replacement of Professional Healthcare: Dr.AI is a supplementary tool and should not replace human judgment in healthcare. It is designed to enhance, not replace, the capabilities of healthcare professionals.

3. DATA MANAGEMENT

Content Ownership and Use: Users may provide data as input to Dr.AI ("Input") and receive output generated by Dr.AI ("Output"). Both Input and Output are collectively referred to as "Content". Users retain ownership of their Input. Dr.AI assigns all rights, title, and interest in the Output to the users, subject to compliance with these Terms. Users can utilize the Content for any lawful purpose, including commercial purposes, in line with these Terms. Dr.AI may utilize Content to maintain and improve Services, comply with laws, and enforce policies. Users are responsible for their Content, ensuring it adheres to applicable laws and these Terms.
Data Accuracy and Limitations: Dr.AI uses advanced AI algorithms for data analysis. However, given the evolving nature of AI and machine learning, there might be instances where Output is not entirely accurate or reflective of real scenarios. Users should critically evaluate and validate Output for their specific use cases. Users are encouraged to use human review in assessing the accuracy and applicability of Output.
Data Storage and Security: Dr.AI is dedicated to the secure storage of user data, including personal health information, employing industry-standard security protocols. User data may be stored on globally distributed secure cloud infrastructure. Our data storage methods are outlined in our comprehensive Privacy Policy, underscoring our commitment to data protection. Nevertheless, Dr.AI cannot assure uninterrupted availability and continuity of data. Instances of inaccessibility or data loss can occur due to reasons including but not limited to service discontinuation, system malfunctions, natural calamities, or human errors.
Machine Learning and Content Similarity: Due to the nature of machine learning, Output may not be unique and could be similar across different users. Dr.AI may generate similar outputs for different inputs, which are not considered unique to individual users.
Use of Content to Improve Services: Dr.AI may use Content (excluding specific API Content) to improve its services. Users have the option to opt-out of this use, which may affect the service's ability to cater to specific user needs.

4. FEES AND PAYMENTS

Fees for Services: Dr.AI offers both free and paid services. The fees for paid services will be clearly displayed during the account creation process and may vary based on the selected service tier. Payment for Dr.AI services is processed through third-party payment processors. Dr.AI does not store your credit card information. By providing a payment method, you warrant that you are authorized to use the designated payment method.
Subscription and Billing: Upon signing up for a paid subscription, you agree to pay the recurring fees as displayed at the time of account creation. Fees are billed on a periodic basis, typically monthly unless otherwise specified. By providing a payment method, you authorize Dr.AI and its payment processor to charge your payment method for services used. Unless cancelled, subscriptions will automatically renew. To avoid charges for the next billing cycle, you must cancel at least 30 days before the next scheduled payment.
Cancellation Policy: You may cancel your subscription at any time via the account settings on Dr.AI. The cancellation will be effective at the end of the current billing period. Cancellation requests must be submitted at least 30 days before the next billing cycle to avoid further charges.
Taxes and Additional Charges: The fees specified for Dr.AI's services are exclusive of any applicable taxes, governmental levies, or charges imposed by financial institutions. As a user, you bear responsibility for all such taxes and charges related to your purchase, with the exception of taxes levied on Dr.AI's net income.
Price Changes and Notifications: Dr.AI reserves the right to change pricing. Any price changes will be communicated to you at least 14 days in advance, except in certain cases such as legal requirements or changes to Beta Services. Payment Disputes and Late Payments: For any disputes regarding fees or taxes, please contact Dr.AI within 30 days of the invoice date. Undisputed past due amounts may incur a finance charge. Access to services may be suspended for accounts with overdue payments.
Credits and Promotions: Dr.AI may offer promotional credits or free tiers of service. These are subject to specific terms and conditions and may not be used to create multiple accounts for the purpose of exploiting promotional offers.

5. THIRD-PARTY SERVICES

Integration with Third-Party Services: Dr.AI may interface with third-party health devices, sensors, and online services. While these integrations are provided for user convenience, IntoWell assumes no responsibility for the accuracy, reliability, or any health data transferred from these third-party services.
External Links and Content: Dr.AI may include links to external websites and online services not owned or controlled by IntoWell. These links are provided for convenience and do not imply endorsement by Dr.AI or IntoWell. Users acknowledge that IntoWell is not responsible or liable for the content, accuracy, legality, stability, or any other aspect of these external websites and services.
Advertisements and Promotions: The Dr.AI platform may display advertisements or promotional content linking to third-party sites and services. IntoWell does not endorse these products or services and has no liability for any interactions or transactions users engage in with these third-party entities.
User Interactions with Third Parties: Users' interactions with third-party services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the user and the third party. IntoWell shall not be responsible or liable for any part of such interactions or transactions.
No Endorsement of Third-Party Content: Content published through third-party services, even when interfaced with Dr.AI, is not endorsed by IntoWell. Users should exercise caution and due diligence in evaluating such content.

6. TERM AND TERMINATION

Effective Period: These Terms become effective when you start using Dr.AI and will remain in effect until they are terminated by either you or IntoWell.
User Termination: You may terminate these Terms at any time and for any reason by ceasing all use of Dr.AI and its services.
IntoWell Termination: IntoWell reserves the right to terminate these Terms for any reason with a minimum of 30 days' advance notice. Immediate termination may occur if you materially breach critical sections of these Terms (including but not limited to Usage Requirements, Data Management, and Dispute Resolution), in response to changes in third-party technology relationships, or to comply with legal or governmental requests. IntoWell may also suspend your access to Dr.AI for non-compliance with these Terms, security risks, suspected fraudulent use, or liability concerns.
Consequences of Termination: Upon termination, you must cease using Dr.AI and promptly return or destroy any Confidential Information of IntoWell, as directed. Certain provisions of these Terms, which by their nature should survive termination, will continue to be effective, including but not limited to sections on intellectual property, confidentiality, and limitations of liability.
Other Termination Conditions: IntoWell may reclaim your username or URL due to inactivity, remove content violating policies, or terminate your access for excessive storage or bandwidth usage. No refunds will be provided for any pre-paid fees or charges upon termination. Provisions that by their nature should survive termination, including ownership, warranty disclaimers, indemnity, and limitations of liability, will remain in effect post-termination.

7. INDEMNIFICATION; DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

Indemnification: Users agree to defend, indemnify, and hold harmless IntoWell, its affiliates, and personnel from any claims, losses, and expenses, including attorneys’ fees, arising from or related to their use of Dr.AI. This includes user content, products, or services developed in connection with Dr.AI, and any breach of these Terms or violation of applicable law.
Disclaimer of Warranties: Dr.AI is provided "AS IS" without any warranties of any kind. IntoWell and its affiliates disclaim all warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment. IntoWell does not warrant that Dr.AI will be uninterrupted, error-free, or secure. Users acknowledge that the use of AI technologies may not always be accurate and that they should not solely rely on Dr.AI for medical diagnosis or treatment.
Limitations of Liability: IntoWell, its affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, data, or other losses, even if advised of the possibility of such damages. The aggregate liability of IntoWell under these Terms shall not exceed the greater of the amount paid by the user for the service during the 12 months before the liability arose or two hundred U.S. dollars ($200). The limitations apply to the maximum extent permitted by applicable law. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, IntoWell's liability is limited to the greatest extent permitted by law.

8. INTELLECTUAL PROPERTY, COPYRIGHT, AND TRADEMARKS

Proprietary Rights: IntoWell owns all worldwide rights, titles, and interests, including all intellectual property and other proprietary rights, in and to Dr.AI and all content, information, data, and other materials made available through the service (collectively, “Company Materials”). Users are granted a limited license to access and use Dr.AI and Company Materials in accordance with these Terms. Except as expressly permitted herein, users may not license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials.
Copyright and Content Usage: All content available through Dr.AI, including but not limited to text, information, and data, is protected by copyright and other intellectual property laws. Users must respect these rights and refrain from any unauthorized use of content. If a user believes that material on Dr.AI violates their copyright, they should notify IntoWell for appropriate action, which may include removal of the infringing material or disabling links to it.
Trademarks: The trademarks, logos, and service marks displayed on Dr.AI, including the name “Dr.AI”, are registered and unregistered trademarks of IntoWell. Users are not granted any right or license to use these marks without the express written permission of IntoWell.
Restrictions on Use: Users agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of any Company Materials. IntoWell reserves the right to modify, discontinue, or terminate Dr.AI or any part thereof, at any time in its sole discretion, with or without notice.
Protection of Intellectual Property: IntoWell respects the intellectual property rights of others and expects users of Dr.AI to do the same. Unauthorized use of Company Materials or violation of intellectual property laws may result in termination of access to Dr.AI and legal action.

9. DISCLAIMERS

General Disclaimer: Dr.AI and all related services are provided “AS IS” and without warranties of any kind, either express or implied. IntoWell and its licensors disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The functionality of Dr.AI, including its accuracy, reliability, and currentness, is not guaranteed. IntoWell does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components.
Disclaimer for Healthcare Professionals: Dr.AI is a software designed to support healthcare professionals in diagnostic processes and therapeutic options, not as a standalone informational tool for patients. Its function is supplemental, providing additional insights to help shape healthcare decisions, but it should not be the principal source for these decisions. The usage of this merchandise is exclusively tailored for healthcare professionals, such as physicians, clinicians, nurse practitioners, physician assistants, and those undergoing clinical training, and not designed for the employment by the broader populace for medical diagnosis or other objectives. While Dr.AI aims to provide accurate, in-depth information, it may not cover all aspects of specific medical conditions, treatments, drugs, potential side effects, or individual risks. Therefore, it should not be used as the exclusive basis for creating patient-specific medical plans. Dr.AI is not meant to replace the expertise and judgement of healthcare professionals or to serve as a substitute for personalized medical advice, diagnosis, or treatment given by a medical professional who is familiar with a patient's unique medical history. In utilizing Dr.AI, you thereby assert your status as a healthcare provider and affirm your compliance with our Service Terms and Policies.
Disclaimer for Individuals:
Dr.AI is a technology product designed by a collaborative team of medical professionals and healthcare service experts. It uses a comprehensive base of clinical knowledge and empirical medical literature to provide health-related information. Nonetheless, Dr.AI is not a replacement for professional medical advice, diagnosis, or treatment. Always seek the advice of your healthcare provider with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read on Dr.AI.
The insights and data provided by Dr.AI are based upon the health records and medical information input directly by users. As such, the accuracy and reliability of Dr.AI's outputs are heavily dependent upon the precision and completeness of the data provided. Comprehensive and precise information should include your medical history, the duration and course of any illness, all signs and symptoms you've experienced, as well as pertinent results from physical exams and other relevant medical reports. Although Dr.AI aims for accuracy and relevance, the results generated may potentially be incomplete, incorrect, or biased due to the nature and quality of the input data. Users are urged to consider the outputs from Dr.AI as supplementary information and not as a substitute for the independent professional judgment of a qualified healthcare provider. Dr.AI expressly disclaims all liability for any inaccuracies, errors, omissions, or misrepresentations in the analysis. Dr.AI will not be liable for any direct, indirect, incidental, or consequential damages or expenses that arise from or are associated with the use of Dr.AI. By using Dr.AI for a health analysis, you are unreservedly agreeing to the terms and conditions as detailed in this Disclaimer.

10. DISPUTE RESOLUTION

Mandatory Arbitration: You and IntoWell agree to resolve any disputes relating to these Terms or the use of Dr.AI through final and binding arbitration, except as provided in the right to opt-out clause below. This includes any disputes about the services, your use of Dr.AI, and any content or products developed in connection with Dr.AI.
Opt-Out Clause: You have the right to opt out of the mandatory arbitration agreement by notifying IntoWell within 30 days of your agreement to these Terms. To opt out, you must send a clear statement of your decision to the designated opt-out email address provided by IntoWell.
Informal Dispute Resolution: Before initiating formal legal action or arbitration, you agree to attempt to resolve the dispute informally by contacting IntoWell directly with a description of the dispute and your proposed resolution. IntoWell will make efforts to resolve the dispute amicably within 60 days of receiving your notification.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator and will follow the arbitration rules and procedures of a mutually agreed arbitration service. The arbitration may be conducted via telephone, written submissions, video conference, or in person.
Exceptions to Arbitration: Certain types of disputes, such as individual claims in small claims court and actions for injunctive relief for intellectual property infringement, are exempt from the arbitration agreement.
No Class Actions: Disputes must be brought on an individual basis only. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
Severability: If any part of this arbitration agreement is found to be illegal or unenforceable, the remainder of the agreement will remain in effect, except if the unenforceability allows for class or representative arbitration, in which case the entire arbitration agreement will be unenforceable.
Jurisdiction: If for any reason a dispute proceeds in court rather than through arbitration, both parties waive any right to a jury trial. This does not prevent either party from participating in a class-wide settlement of claims.

11. JURISDICTION AND GOVERNING LAW

Applicable Law: The Terms of Use of Dr.AI shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan), without regard to its conflict of law principles.
Jurisdiction: Any disputes or legal proceedings arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts in Taiwan. Both parties, Meiyo Medical Technology Inc (Samoa), IntoWell Biomedical Technology Inc (Taiwan), and the users of Dr.AI, agree to submit to the jurisdiction of the Taiwan Taipei District Court and agree not to raise any objections regarding jurisdiction or venue.
Dispute Resolution: In the event of any disputes or differing opinions arising from the use of Dr.AI, both parties agree to first attempt to resolve the matter amicably through negotiation. If an amicable resolution cannot be reached, the dispute shall be resolved according to the applicable laws of Taiwan.
Acknowledgment: By using Dr.AI, users acknowledge and accept that any legal issues or disputes that arise out of their use of Dr.AI will be resolved in accordance with the laws of Taiwan and within the stipulated jurisdiction.