Last updated: August 22, 2024
These Terms of Service (“Terms”) govern your use of 365md.ai (the “Site”), which is owned and controlled by London Media LLC (“365MD,” “we,” “our,” and “us”), as well as the Site’s integrated artificial intelligence technologies that you may interact with that are powered and provided by third-party technologies (“AI Technologies”) (together, the Site and AI Technologies are the “Services”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO TRIAL BY JURY, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AS SET OUT IN MORE DETAIL IN SECTION 10 BELOW.
We may amend these Terms from time to time, which will be effective as of the “Last Updated” date at the top of these Terms. You acknowledge and agree that your continued use of the Services constitutes acceptance of these Terms in their then current form. By using the Services, you also acknowledge the collection, use, and disclosure of your personal information is subject to our Privacy Policy. These Terms apply to you for as long as you continue to use the Services, including maintaining an account. If you do not agree to be bound by these Terms, please cease all use of the Services, including terminating your account.
The Services may contain (i) materials and other items relating to 365MD and its services, including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the Services; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of 365MD; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All Content is the property of 365MD or its licensors and is protected by law.
Subject to your compliance with these Terms, 365MD grants you a limited, revocable, nonexclusive license to access and use the Services for your lawful, noncommercial, personal use, general information, and educational purposes. All other rights are reserved by 365MD.
The licensors of third-party materials, including in relation to AI Technologies, retain all of their respective right, title and interest in and to such third-party materials, including, but not limited to, any and all intellectual property rights. The foregoing limited license does not give you any ownership of, or any other intellectual property right in, the Services or its Content. You must retain all copyright and other proprietary notices on Content in any form. Your unauthorized use of the Services or its Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential civil or criminal liability.
The Services, including Content, are not intended to create a healthcare service or treatment relationship, be used for medical diagnosis or treatment, or constitute an endorsement by 365MD. Nothing on the Services, including Content, should be used in place of the advice of your qualified healthcare provider. You should never disregard medical advice or delay seeking medical advice because of something you read, viewed, or heard via the Services. If you have questions or concerns about your health, please contact your healthcare provider. If you have an emergency medical condition, call 911.
You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. 365MD reserves the right to deny access to any part of the Services at our sole discretion.
Specifically, you agree that you will not:
You must comply with all applicable trade laws, including sanctions and export control laws. The Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
You further agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services. Violation of these Terms may result in civil or criminal liability. 365MD may investigate potential violations, which may include cooperation with law enforcement authorities and/or pursuing prosecution of users who are involved in such violations.
Please be aware that information transmitted over the Internet may not be secure and confidentiality cannot be guaranteed. Information of a confidential, proprietary, or privileged nature should not be sent through the Services.
The Services may contain links to third-party online services or integrated technologies provided by third parties, such as AI Technologies. 365MD does not control, review, or take responsibility for the content or data practices of such third parties, nor does 365MD make any representation or warranty regarding the accuracy of third-party content.
To the fullest extent permitted by applicable law, you acknowledge and agree that 365MD is not responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party online service or technology, including any content or information contained in such online services or provided by such technologies. Moreover, you acknowledge and agree that 365MD is not responsible for the accuracy or other aspects such third party information, technologies, products, or services.
You acknowledge that due to the nature of our Services and AI Technologies, output of the AI Technologies may not be unique and other users may receive similar content.
365MD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING AI TECHNOLOGIES, FOR ANY PARTICULAR PURPOSE. 365MD ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR HARM THAT OCCURS RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING AI TECHNOLOGIES. YOUR USE OF THE SERVICES, INCLUDING AI TECHNOLOGIES, IS SOLELY AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES CONTAINED IN THIS SECTION, THE EXCLUSIONS IN THIS SECTION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE SERVICES, INCLUDING AI TECHNOLOGIES, ARE PROVIDED BY 365MD ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS ALSO INCLUDES ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
365MD DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE SERVICES, INCLUDING AI TECHNOLOGIES, AND/OR CONTENT. 365MD DOES NOT WARRANT THAT YOUR USE OF THE SERVICES, AI TECHNOLOGIES, OR INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES IS HOSTED OR INFORMATION ARE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL 365MD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES, AI TECHNOLOGIES, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE SERVICES.
BY USING OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ANY EVENT, THE TOTAL LIABILITY FOR 365MD SHALL BE $5.00 USD.
As permitted by applicable law, you agree to, and you hereby, defend (if requested by 365MD), indemnify, and hold 365MD harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against 365MD, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services, including interactions with AI Technologies; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) 365MD use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by 365MD in the defense of any Claims and Losses. Notwithstanding the foregoing, 365MD retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. 365MD reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of 365MD. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
In the unlikely event that a disagreement arises between you and 365MD regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services (a “Dispute”), prior to initiating any legal action, you must first contact us directly by email at support@365md.ai. You must describe the nature of the Dispute, the basis for your claims and the resolution you are seeking.
You agree that the term “Dispute” in these Terms will have the broadest meaning possible, including your interactions with and use of AI Technologies. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of 365MD, or third party if 365MD could be liable, directly or indirectly, for such Dispute.
During the 60 business days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60 business day time period you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. IF FOR ANY REASON A CLAIM PROCEEDS TO COURT RATHER THAN ARBITRATION, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU TO WAIVE ANY RIGHT TO A JURY TRIAL AND YOU AGREE TO WAIVE ANY RIGHT TO BRING A CLASS ACTION LAWSUIT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
You agree that the Terms and any Dispute arising from or relating to the Terms shall be governed and construed in accordance with the laws of the State of Georgia, excluding conflict of laws rules, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of Georgia. You agree to submit to the personal jurisdiction and venue of courts of the State of Georgia.
Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of the Services and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms that may be provided to you or agreed upon between you and us.
We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Content or information available on the Services, without limitation, in whole or in part, including the cessation of all activities associated with the Services, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of the Services or any part thereof. We also reserve the right to charge for use of the Services, in whole or in part, and to change its fees from time to time in its discretion.
Entire Agreement. Except for any additional terms that apply to your use of the Services we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
No Waiver. You acknowledge and agree that failure to enforce strict performance of any provision of these Terms does not constitute 365MD’s waiver of any provision of these Terms or rights reserved thereunder. 365MD’s performance of these Terms is subject to existing laws and legal process; nothing contained in these Terms is in derogation of 365MD’s obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by 365MD with respect to such use.
Investigations; Cooperation with Law Enforcement. 365MD reserves the right to investigate and prosecute any suspected or actual violations of these Terms. 365MD may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Services it is intended to be an electronic signature which binds you as if you had signed on paper.
Severability. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed severable from these Terms; the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms, which will continue in effect.
No Assignment. You may not assign, transfer, or sublicense the rights granted to you under these terms.