Terms of Service
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MEDBREVIA TERMS OF SERVICE Version 11.0 — Effective Date: December 15, 2025 ⚠️ IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING MEDBREVIA. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES. 1. INTRODUCTION AND ACCEPTANCE These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MedBrevia LLC, a Delaware limited liability company ("MedBrevia," "Company," "we," "us," or "our"), governing your access to and use of the MedBrevia application, website, and all related services, features, content, and functionality (collectively, the "Service"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. 2. GEOGRAPHIC RESTRICTIONS AND INTERNATIONAL USERS THE SERVICE IS OPERATED FROM THE UNITED STATES AND IS INTENDED SOLELY FOR USERS LOCATED IN THE UNITED STATES. IF YOU ARE LOCATED IN THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, UNITED KINGDOM, SWITZERLAND, OR ANY OTHER JURISDICTION WITH DATA PROTECTION OR PRIVACY LAWS MORE RESTRICTIVE THAN THOSE OF THE UNITED STATES, YOU ARE PROHIBITED FROM USING THIS SERVICE AND MUST NOT ACCESS IT. MedBrevia and its technical infrastructure are located in the United States. The Service is not designed to comply with the General Data Protection Regulation (GDPR), UK GDPR, or similar international data protection frameworks. We make no representations that the Service is appropriate or available for use in locations outside the United States. If you choose to access the Service from outside the United States despite this prohibition, you do so at your own risk, you are solely responsible for compliance with local laws, and you consent to the transfer and processing of your information in the United States. We reserve the right, at any time and in our sole discretion, to limit the availability of the Service to any person, geographic area, or jurisdiction. 3. NO MEDICAL ADVICE — CRITICAL DISCLAIMER 3.1 General Disclaimer MEDBREVIA IS NOT A HEALTHCARE PROVIDER, MEDICAL DEVICE, OR DIAGNOSTIC TOOL. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION PROVIDED THROUGH THE SERVICE IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. 3.2 Not a Substitute for Professional Care The Service, including any AI-generated responses, is NOT a substitute for advice from a licensed healthcare provider; should NOT be used to make health decisions; does NOT create any healthcare relationship between you and MedBrevia; may contain errors or outdated information; and is NOT approved by the FDA or any regulatory body as a medical device or diagnostic tool. 3.3 Emergency Situations IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY. DO NOT USE MEDBREVIA TO SEEK EMERGENCY MEDICAL ASSISTANCE. 3.4 Reliance on Information Any reliance on information provided through the Service is solely at your own risk. You are solely responsible for any decisions you make based on information from the Service. MedBrevia expressly disclaims any liability for harm, injury, or damage resulting from your reliance on the Service. 3.5 Professional Users If you are a healthcare professional, you acknowledge that the Service is intended as a supplementary educational resource only. You remain solely responsible for exercising independent professional judgment in all clinical decisions. Any information from the Service must be independently verified before being applied to patient care. 3.6 AI Technology Limitations You understand that the Service utilizes artificial intelligence which may produce responses containing factual errors or misleading information; cannot replace clinical reasoning and diagnostic capabilities; has inherent limitations in understanding medical complexity; and may not reflect current medical research or best practices. 4. HEALTHCARE INDUSTRY PROVISIONS 4.1 Protected Health Information MEDBREVIA DOES NOT TRAIN AI MODELS ON PROTECTED HEALTH INFORMATION (PHI). Any data you input that may contain PHI is processed solely to provide responses and is not used to train or develop AI models. 4.2 HIPAA Acknowledgment If you are a Covered Entity or Business Associate under HIPAA, you acknowledge that MedBrevia is not intended to store or process PHI in a manner that would make MedBrevia a Business Associate. You should not input identifiable patient information. If you choose to input PHI, you do so at your own risk and in violation of these Terms. You are solely responsible for de-identifying any patient information before input. 4.3 Regulatory Compliance The Service has not been cleared, approved, or authorized by the FDA or any other regulatory authority as a medical device, diagnostic tool, or clinical decision support system. 5. ELIGIBILITY AND ACCOUNT REGISTRATION The Service is intended for users who are at least 18 years of age and located in the United States. By using the Service, you represent that you meet these requirements. To access certain features, you must register an account and provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. 6. SPONSORED CONTENT AND ADVERTISING 6.1 Acknowledgment of Sponsored Content The Service may include sponsored content, advertisements, and promotional materials from third-party sponsors, including pharmaceutical companies, medical device manufacturers, healthcare organizations, and other commercial entities. By using the Service, you acknowledge and consent to receive such sponsored content as part of your use of the Service. 6.2 Personalized Advertising You acknowledge that we may use information about you, including your profession, specialty, usage patterns, and interests, to deliver targeted advertisements and sponsored content that we believe may be relevant to you. This personalized content is a core feature of the Service. 6.3 Third-Party Sponsor Interactions Your interactions with third-party sponsors, including any requests for information, samples, or services, are solely between you and such third parties. MedBrevia is not responsible for any products, services, or content provided by third-party sponsors. 7. ACCEPTABLE USE AND PROHIBITED CONDUCT You may use the Service only for lawful purposes in accordance with these Terms. You agree NOT to: 1. Use the Service for any unlawful purpose or to violate applicable laws 2. Input any identifiable patient information or PHI 3. Use the Service to diagnose or treat medical conditions 4. Rely on the Service for emergency medical decisions 5. Impersonate any person or entity 6. Attempt unauthorized access to the Service or related systems 7. Use automated means to access the Service without authorization 8. Reverse engineer or attempt to derive source code 9. Use the Service to train competing AI systems 10. Upload viruses, malware, or malicious code 11. Infringe any intellectual property rights 8. APP STORE PROVISIONS If you access the Service from an application store (Apple App Store, Google Play), you acknowledge that these Terms are between you and MedBrevia only, not the App Provider. The App Provider has no obligation for maintenance or support. MedBrevia, not the App Provider, is responsible for the Service and any claims relating thereto. You represent that you are not located in a country subject to U.S. Government embargo or designated as terrorist supporting. 8.1 Apple-Specific Terms For Apple App Store: Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. 8.2 Subscriptions For in-app purchases: Payment is charged to your App Provider account upon confirmation. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Refunds are subject to App Provider policies. 9. INTELLECTUAL PROPERTY RIGHTS 9.1 Ownership The Service and all of its contents, features, functionality, and underlying technology, including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, algorithms, AI models, user interfaces, visual interfaces, and the design, structure, selection, coordination, expression, and arrangement thereof (collectively, "MedBrevia Content"), are the exclusive property of MedBrevia LLC, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. 9.2 License Grant Subject to your compliance with these Terms, MedBrevia grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use. This license does not include any right to: (a) resell, sublicense, or commercially exploit the Service or any MedBrevia Content; (b) copy, reproduce, distribute, publicly display, or publicly perform any MedBrevia Content; (c) modify, adapt, translate, or create derivative works from any MedBrevia Content; (d) use any data mining, robots, scraping, or similar data gathering methods; or (e) use the Service or MedBrevia Content for any purpose not expressly permitted by these Terms. 9.3 User Content By submitting content through the Service, you grant MedBrevia a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display such content in connection with operating the Service and for any other lawful business purpose. 9.4 Feedback If you provide feedback, suggestions, or ideas regarding the Service, you assign to MedBrevia all right, title, and interest in such feedback. MedBrevia may use feedback without obligation or compensation to you. 10. COPYRIGHT PROTECTION AND ENFORCEMENT 10.1 Copyright Notice All MedBrevia Content is protected by copyright. © 2025 MedBrevia LLC. All rights reserved. No portion of the Service or any MedBrevia Content may be reproduced, duplicated, copied, sold, resold, accessed, or otherwise exploited for any commercial purpose without the express prior written consent of MedBrevia. 10.2 Prohibited Uses Without limiting the generality of the foregoing, you expressly agree that you shall NOT: 1. Copy, reproduce, republish, upload, post, transmit, or distribute any MedBrevia Content in any form or by any means 2. Modify, translate, adapt, or create derivative works based on any MedBrevia Content 3. Sell, license, rent, lease, or otherwise transfer any MedBrevia Content to any third party 4. Use any MedBrevia Content to develop, train, or improve any artificial intelligence, machine learning system, or competing product 5. Remove, alter, or obscure any copyright, trademark, or other proprietary notices from any MedBrevia Content 6. Use any automated system, including robots, spiders, scrapers, or data mining tools, to access, copy, or collect MedBrevia Content 7. Frame, mirror, or incorporate any portion of the Service into any other website, application, or service 8. Circumvent, disable, or interfere with any security or access control features of the Service 10.3 Remedies for Infringement You acknowledge that any unauthorized use, copying, or distribution of MedBrevia Content will cause irreparable injury to MedBrevia for which monetary damages alone would be inadequate. Accordingly, in the event of any infringement or threatened infringement of MedBrevia's intellectual property rights, MedBrevia shall be entitled to: (a) Injunctive Relief. MedBrevia may seek immediate injunctive relief, including temporary restraining orders and preliminary and permanent injunctions, to prevent any actual, threatened, or continued infringement, without the necessity of proving actual damages or posting any bond or other security. (b) Damages. MedBrevia may recover actual damages suffered as a result of the infringement, any profits attributable to the infringement, and/or statutory damages available under applicable law, including the U.S. Copyright Act (17 U.S.C. § 504). (c) Attorneys' Fees and Costs. In any action to enforce MedBrevia's intellectual property rights, the prevailing party may recover reasonable attorneys' fees and costs to the extent permitted by applicable law. (d) Operational Remedies. MedBrevia may immediately terminate or suspend your account, block your access to the Service, implement technical measures to prevent continued infringement, and preserve evidence for legal proceedings. 10.4 Cumulative Remedies All remedies provided in this Section are in addition to any other remedies available to MedBrevia at law or in equity. 11. DMCA NOTICE AND TAKEDOWN PROCEDURES 11.1 Infringement Claims If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA). 11.2 DMCA Notice Requirements To submit a DMCA notice, provide our Copyright Agent with: 1. Physical or electronic signature of the copyright owner or authorized representative 2. Identification of the copyrighted work claimed to be infringed 3. Identification of the infringing material and its location 4. Your contact information 5. Statement of good faith belief that use is not authorized 6. Statement under penalty of perjury that the information is accurate 11.3 Copyright Agent MedBrevia LLC Attn: DMCA Copyright Agent 2810 N Church St PMB 643901 Wilmington, Delaware 19802-4447 Email: dmca@medbrevia.com 11.4 Repeat Infringers MedBrevia maintains a policy of terminating accounts of repeat infringers in appropriate circumstances. 12. DISCLAIMERS AND WARRANTIES THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEDBREVIA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MEDBREVIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT RESULTS WILL BE ACCURATE OR RELIABLE; OR THAT ERRORS WILL BE CORRECTED. 13. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDBREVIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING FROM: (A) USE OR INABILITY TO USE THE SERVICE; (B) THIRD-PARTY CONDUCT OR CONTENT; (C) UNAUTHORIZED ACCESS TO YOUR DATA; (D) MEDICAL DECISIONS BASED ON THE SERVICE; OR (E) PERSONAL INJURY, ILLNESS, OR DEATH RESULTING FROM USE OF THE SERVICE. THE TOTAL LIABILITY OF MEDBREVIA ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00). 14. INDEMNIFICATION You agree to defend, indemnify, and hold harmless MedBrevia and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: 1. Your use of the Service 2. Your violation of these Terms or applicable law 3. Your violation of third-party rights 4. Input of PHI or identifiable patient information 5. Medical decisions based on the Service 6. Claims by patients or third parties arising from your use 7. Any infringement or misappropriation of MedBrevia's intellectual property rights 15. TERMINATION You may terminate your account at any time by contacting us at product@medbrevia.com. MedBrevia may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including but not limited to Sections 9, 10, 12, 13, 14, and 16. 16. DISPUTE RESOLUTION AND ARBITRATION 16.1 Informal Resolution Before initiating formal proceedings, you agree to contact MedBrevia at product@medbrevia.com and attempt to resolve any dispute informally. If not resolved within thirty (30) days, either party may proceed to arbitration. 16.2 Binding Arbitration YOU AND MEDBREVIA AGREE THAT ANY DISPUTE ARISING FROM THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, except for claims in small claims court and except that MedBrevia may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights. The Federal Arbitration Act governs this provision. 16.3 Class Action Waiver YOU AND MEDBREVIA AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. 16.4 Jury Trial Waiver YOU WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION ARISING FROM THESE TERMS OR THE SERVICE. 17. GOVERNING LAW These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. To the extent arbitration is not applicable, you agree to the exclusive jurisdiction of state and federal courts in Wilmington, Delaware. 18. GENERAL PROVISIONS Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and MedBrevia concerning the Service. Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and remaining provisions continue in full force. No Waiver. Failure to enforce any right shall not constitute a waiver of that right. Assignment. You may not assign these Terms without our consent. MedBrevia may assign without restriction. Force Majeure. MedBrevia shall not be liable for failures due to causes beyond reasonable control. Modifications. MedBrevia may modify these Terms at any time. Material changes will be notified. Continued use constitutes acceptance. 19. CONTACT INFORMATION If you have questions about these Terms, contact us at: MedBrevia LLC 2810 N Church St PMB 643901 Wilmington, Delaware 19802-4447 Email: product@medbrevia.com — END OF TERMS OF SERVICE —