Thank you for choosing Medicodio Inc. (“Company”) for your business. The Company provides digital workforce powered by AI and machine learning services (collectively, “Services”).
These Terms of Service (“Agreement”) apply to any use of and access to our Services and/or our website at medicodio.ai (“Website”) by you and/or your agents (collectively, “you”). When you use our Services, you are agreeing to these terms. Please read them carefully.
IMPORTANT: THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN THE COMPANY AND YOU. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND THE PRIVACY POLICY INCORPORATED HEREIN; AND YOUR REPRESENTATION THAT YOU ARE AT LEAST 16 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
Effective Date
This Agreement is effective on the date you first access or use the Services and/or the Website, whichever is earlier.
Fees
Upon notice to you, the Company may increase any fees specified in connection with its Services. Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes (“Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement.
You may pay by credit card through the Company's third-party payment processor. You agree not to file a credit or debit card chargeback for any fees charged in connection with the Services. Instead, you agree to abide by the dispute resolution procedures outlined below.
Account
By creating an online account with the Company (“Account”), you are granted a right to use the Services subject to the restrictions in these Terms of Service and the Privacy Policy, incorporated by reference.
Our registration process will ask for information including your name, email and/or physical address, and phone number (“Personal Information”). By registering, you agree to provide true, accurate, current and complete information, and to promptly update it as needed.
You are solely responsible for maintaining the confidentiality of your Account and for any activities that occur under it. You agree to immediately notify us of any unauthorized use of your Account or any breach of security.
Links to Third-Party Accounts
We offer you the option to link your Account with online accounts you have with third parties (“Third Party Accounts”). You represent that you are entitled to disclose your Third Party Account login information to the Company without violating any third-party terms.
The Company makes no effort to review Third Party Account content for accuracy, legality or non-infringement, and is not responsible for any such content.
Termination
The Company reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason at any time. Grounds for suspension or termination include:
- Violation of these Terms of Service or any other agreement with the Company
- Posing an unacceptable credit or fraud risk
- Providing false, incomplete, inaccurate, or misleading information
- Any other reason at the Company's sole discretion
Any termination of these Terms of Service does not relieve you of obligations to pay any fees or costs accrued prior to termination.
Fees / Payment Processing
Users will be required to provide credit card or bank account details to process payments. You authorize us to process payments for the Services using the payment information you supply. You agree to provide accurate and complete information about yourself and/or your business.
If you believe a payment has been processed in error, you must provide written notice to the Company within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received within this period, the payment will be deemed final and valid.
The Company is not liable for any losses relating to chargebacks, fraudulent charges, or other deceptive or fraudulent actions by any User.
Links to Other Websites
The Services may contain links to third-party websites not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Services, you expressly relieve the Company from any liability arising from your use of any third-party website referenced or linked on our Website.
Links to This Website
We grant you a limited, non-exclusive, revocable, personal and non-transferable license to create hyperlinks to the Website and/or Services, so long as: (a) the links only incorporate text and do not use any trademarks; (b) the links and content on your website do not suggest any affiliation with the Company; and (c) the content does not portray the Company in a false, misleading, derogatory, or otherwise offensive manner.
Intellectual Property Rights
The Company owns all right, title and interest in and to the Services, including all intellectual property rights. The Company's service marks, logos and product and service names are owned by the Company. You agree not to display or use any of the Company marks without express prior written permission.
Any information and data you submit to the Website or in connection with the Services must not violate the intellectual property rights of third parties.
No Submission of Unsolicited Ideas and/or Materials
The Company does not seek any unsolicited ideas or materials for products or services. Any Unsolicited Ideas and Materials you post on or send to us are deemed User Content and licensed to us accordingly. The Company's receipt of such materials is not an admission of their novelty, priority, or originality.
Blog / Public Forum
Our Website may offer publicly accessible message boards, blogs, and community forums. You agree not to post content that:
- Creates a risk of harm, physical or mental injury, death, or disability to any person
- Seeks to harm or exploit children
- Is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, harassing, threatening, or otherwise objectionable
- Is illegal or violates the intellectual property rights of third parties
- You do not have the right to make available under any law or contractual obligation
The Company reserves the right to reject and/or remove any User content that violates these provisions. To request removal of content, contact us at info@medicodio.ai.
DMCA Notice
The Company will respond appropriately to notices of alleged copyright infringement complying with the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe your copyright has been infringed, please send a written notice including:
- A legend or subject line: “DMCA Copyright Infringement Notice”
- A description of the copyrighted work claimed to be infringed
- The location of the allegedly infringing material (URL)
- Your full name, address, telephone number, and email address
- A statement of good faith belief that use of the material is not authorized
- A statement under penalty of perjury that the information is accurate
- Your electronic or physical signature
Counter-Notification
If access to a work you submitted is disabled as a result of a DMCA Notice and you believe the removal was a mistake or misidentification, you may send a DMCA Counter-Notification including: a description of the removed material and its prior location, a statement under penalty of perjury of good faith belief that the removal was a mistake, your full contact information, and your electronic or physical signature.
Data Ownership and Usage
We will own all Aggregated Data. The Privacy Policy governs how we collect and use Personal Information submitted through the Services. By accessing or using the Services, you agree that you have read and accept our Privacy Policy.
You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees, or contractors of your business.
Personal Information
We will protect your Personal Information and disclose it only in limited circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures.
HIPAA
Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information. You should not share any protected health information through this Website. The Services and this Website are not intended to be used to communicate protected health information. If you do share any protected health information, you do so at your own risk.
Disclaimer / No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND/OR THIS WEBSITE.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT.
Indemnification
You agree to indemnify, defend, and hold harmless the Company from and against any and all third-party claims and all related charges, damages and expenses (including reasonable attorneys' fees) arising from or relating to: (a) any actual or alleged breach of these Terms; (b) any actual or alleged violation of the intellectual property, privacy or other rights of the Company or a third party; and (c) any dispute regarding ownership of or access to your data.
No Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES' AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID PRECEDING THE DATE OF THE INCIDENT.
IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE.
Choice of Law
These Terms of Service and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Dispute Resolution
Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting info@medicodio.ai. If a dispute is not resolved within 15 days, either party may bring a formal proceeding.
Arbitration: You and the Company agree to resolve disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Alameda/Contra Costa County, or any location we agree to.
Opt-out: You can decline this arbitration agreement by contacting info@medicodio.ai within 30 days of first accepting these Terms of Service.
No Class Actions: You may only resolve disputes with the Company on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
Miscellaneous Provisions
- Relationship of the Parties: This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship.
- Entire Agreement: These Terms of Service and the Privacy Policy constitute the entire agreement between you and the Company concerning the Services.
- Modification: The Company reserves the right to change these Terms at its sole discretion. Updated terms will be posted to this page.
- Assignment: The Company may assign these Terms at any time. You may not assign this Agreement without the Company's prior written consent.
- No Waiver: Any failure of the Company to enforce a right is not a waiver of that right.
- Severability: Should any provision be found invalid or unenforceable, the remaining terms shall still apply.
- Force Majeure: Neither Party will be liable for any failure or delay in performance for causes beyond that Party's reasonable control.
- Electronic Communications: You agree to the use of electronic communication to enter into agreements, place orders, and receive notices and records.
Notices
Any notices to the Company must be delivered via email to info@medicodio.ai or via first class registered U.S. mail to: Medicodio Inc., 16192 Coastal Hwy, Lewes, DE 19958.
See also: Privacy Policy · Contact Us