Terms of Service

Effective Date: December 1, 2024
Last Updated: December 1, 2024

1. Agreement to Terms

By accessing or using Mediqom (“Service”, “Platform”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access the Service.

1.1 Acceptance

You must be at least 18 years old to use our Service
If you’re using the Service on behalf of an organization, you represent that you have authority to bind that organization
These Terms constitute a legal agreement between you and Mediqom

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via:

Email notification to registered users
Notice on our website
In-app notifications

Continued use of the Service after changes constitutes acceptance of new Terms.

2. Description of Service

2.1 Platform Overview

Mediqom is a secure medical record management platform that provides:

Document storage and organization
AI-powered analysis of health data
Secure sharing with healthcare providers
Zero-knowledge encryption for data protection
AppConnect marketplace for medical AI tools

2.2 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service
Scheduled maintenance will be communicated in advance
Emergency maintenance may occur without notice
Service availability may vary by geographic region

2.3 Beta Services

Some features may be offered as beta services:

Beta features are provided “as-is” without warranties
Beta features may be discontinued at any time
Data from beta features may not be preserved
Feedback on beta features may be requested

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must:

Provide accurate and complete registration information
Maintain the security of your account credentials
Notify us immediately of any unauthorized use
Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for:

Choosing a strong password for your account
Protecting your encryption passphrase (we cannot recover it)
Keeping your contact information current
Logging out from shared devices

3.3 Account Termination

You may terminate your account at any time. We may terminate accounts for:

Violation of these Terms
Fraudulent or illegal activity
Extended inactivity (with notice)
Non-payment of fees

4. Privacy and Data Protection

4.1 Zero-Knowledge Architecture

Our platform uses zero-knowledge encryption:

We cannot access your encrypted medical data
You control all data sharing and access
Encryption keys are generated and stored locally
Data breaches cannot expose your medical information

4.2 Data Ownership

You own all data you upload to our platform
We do not claim ownership of your medical records
You can export your data at any time
You can delete your data permanently

4.3 Privacy Policy

Our detailed Privacy Policy explains:

What information we collect
How we use and protect information
Your rights regarding your data
How to contact us about privacy concerns

5. Acceptable Use

5.1 Permitted Uses

You may use our Service to:

Store and organize your medical records
Share data with authorized healthcare providers
Analyze your health trends and patterns
Access AI-powered medical insights
Collaborate with family members on health management

5.2 Prohibited Uses

You may not use our Service to:

Upload illegal content or copyrighted material
Impersonate others or provide false information
Attempt to breach security or access other users’ data
Use for commercial purposes without authorization
Spam or harass other users or staff
Reverse engineer or copy our software
Upload malware or malicious code

5.3 Medical Disclaimer

Our Service is not intended to:

Replace professional medical advice or treatment
Provide medical diagnosis or treatment recommendations
Serve as emergency medical services
Be used for clinical decision-making without physician oversight

Always consult healthcare professionals for medical advice.

6. Healthcare Provider Terms

6.1 Professional Use

Healthcare providers using our Service must:

Maintain professional licenses and credentials
Comply with applicable healthcare regulations
Obtain patient consent before accessing data
Use data only for authorized medical purposes
Maintain confidentiality per professional standards

6.2 HIPAA Compliance

For US healthcare providers:

Business Associate Agreement available upon request
HIPAA-compliant features and safeguards provided
Provider responsible for ensuring compliant use
Breach notification procedures established

6.3 International Compliance

For international providers:

GDPR compliance for EU providers
Local healthcare regulation compliance required
Data sovereignty options available
Regional security certifications maintained

7. Subscription and Payment Terms

7.1 Subscription Plans

Free Plan: Limited features with no payment required
Paid Plans: Monthly or annual subscriptions
Enterprise Plans: Custom pricing and features
AppConnect Credits: Pay-per-use for AI services

7.2 Payment Processing

Payments processed by third-party providers
Automatic renewal unless cancelled
Refunds subject to our refund policy
Price changes with 30-day notice

7.3 Refund Policy

30-day money-back guarantee for new subscriptions
Prorated refunds for downgrades
No refunds for AppConnect credits (non-expiring)
Enterprise agreements may have custom terms

8. Intellectual Property

8.1 Our Rights

We own all rights to:

The Mediqom platform and software
Our trademarks and service marks
Our proprietary AI algorithms and models
Platform documentation and content

8.2 Your Rights

You retain all rights to:

Your medical data and uploaded content
Your account information
Feedback and suggestions you provide
Your intellectual property uploaded to the platform

8.3 License Grant

We grant you a limited, non-exclusive license to:

Use our Service per these Terms
Access your data through our platform
Share data as permitted by platform features
Export your data in standard formats

9. AI and AppConnect Terms

9.1 AI Analysis

Our AI features:

Are provided for informational purposes only
Should not replace professional medical judgment
May have varying accuracy and reliability
Are continuously improved but not guaranteed perfect

9.2 AppConnect Marketplace

AppConnect services:

Are provided by third-party developers
Have their own terms and conditions
Are subject to credit-based pricing
May have varying availability and accuracy

9.3 Data Processing

AI analysis may involve:

Processing your data through our AI models
Generating insights and recommendations
Creating summary reports and trends
Anonymized data for model improvement (with consent)

10. Limitation of Liability

10.1 Service Limitations

To the maximum extent permitted by law:

Service provided “as-is” without warranties
No guarantee of accuracy, reliability, or availability
No liability for data loss or corruption
No liability for third-party service failures

10.2 Damages

Our liability is limited to:

The amount you paid for the Service in the last 12 months
Direct damages only (no consequential damages)
Replacement or refund of defective services
Reasonable efforts to restore lost data

10.3 Medical Liability

We are not liable for:

Medical decisions based on our platform
Delayed or missed medical care
Misinterpretation of health data
Third-party medical AI recommendations

11. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

Your use of the Service
Your violation of these Terms
Your violation of applicable laws
Your infringement of third-party rights
Your medical decisions or care

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by:

Czech Republic law for EU users
Delaware law for US users
Local law for other jurisdictions

12.2 Dispute Process

For disputes, we encourage:

Direct communication with our support team
Good faith negotiation to resolve issues
Mediation through approved services
Arbitration if mediation fails
Court proceedings as last resort

12.3 Class Action Waiver

You agree to resolve disputes individually, not as part of class action lawsuits.

13. Emergency Procedures

13.1 Medical Emergencies

In medical emergencies:

Call emergency services immediately (112, 911)
Do not rely solely on our platform
Use emergency access features if available
Contact your healthcare provider

13.2 Technical Emergencies

For critical technical issues:

Email: emergency@mediqom.com
Include account details and issue description
Mark as “URGENT” in subject line
Response within 2 hours for paid accounts

14. International Terms

14.1 Regional Variations

These Terms may have regional addendums for:

European Union (GDPR compliance)
United States (HIPAA compliance)
Czech Republic (local healthcare laws)
Other jurisdictions as required

14.2 Language

Original Terms written in English
Translations provided for convenience
English version controls in case of conflicts
Local language versions may have additional terms

15. Miscellaneous

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Mediqom.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 Assignment

We may assign these Terms to affiliates or in connection with a merger or sale. You may not assign your rights without our consent.

15.4 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16. Contact Information

For Legal Questions

Email: legal@mediqom.com
Address: [Legal Department Address]
Response Time: 5-10 business days

For General Support

Email: support@mediqom.com
Phone: +420 XXX XXX XXX
Hours: Monday-Friday, 9:00-17:00 CET

For Privacy Concerns

Email: privacy@mediqom.com
Data Protection Officer: Available upon request
Response Time: 30 days maximum

By using Mediqom, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service were last updated on December 1, 2024. Previous versions are available upon request.