MediPass Terms of Service

Introduction

These Terms of Service (the "Terms") constitute a legally binding agreement between you and MediPass, Inc. ("MediPass," "we," "our," "us") as you interact with MediPass's services. By accessing or using our services, you acknowledge and agree to be bound by these Terms. If you do not agree, you may not use the Services.

Eligibility

Access to and use of the Services is limited to individuals who are at least eighteen (18) years of age and reside in the United States. By using the Services, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms.

Description of Services

MediPass provides a cloud-based platform for the retrieval, storage, management, and authorized sharing of personal health records. The Services may include integrations with third-party patient portals, as well as AI-assisted data summarization features.

Modifications to Services

MediPass reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the Services at any time. Where such modifications materially affect your use of the Services, MediPass will provide reasonable advance notice via electronic communication.

User Conduct

You agree to use the Services only in compliance with all applicable laws, rules, and regulations. You shall not:

• Interfere with, disrupt, or adversely affect the operation or security of the Services.
• Attempt to gain unauthorized access to systems, accounts, or data.
• Upload or transmit files that contain viruses, malicious code, or harmful content.
• Reverse engineer, scrape, or extract data except as permitted by law.

User Content

You retain ownership of all data, documents, and information you submit or upload to the Services ("User Content"). You grant MediPass a limited, non-exclusive, royalty-free, worldwide license to host, process, and display User Content solely as necessary to operate, maintain, and improve the Services.

MediPass will not share User Content with third parties without your explicit consent, except as required by law.

Third-Party Data Sources

By linking third-party health data accounts, you expressly authorize MediPass to retrieve, store, and process data from such sources on your behalf. MediPass does not guarantee the accuracy, completeness, or timeliness of third-party data.

Medical Disclaimer

The Services do not provide medical advice, diagnosis, or treatment. Any content, including AI-generated summaries or insights, is for general informational purposes only and should not be relied upon as a substitute for professional medical advice.

AI-Generated Content

MediPass may provide AI-assisted summaries, responses, or other generated outputs. You acknowledge and agree that:

• Such outputs are automatically generated, may contain inaccuracies, and are not medical advice.
• All responsibility for verifying AI outputs lies with you.
• MediPass disclaims all liability for reliance on AI-generated content.

OCR Disclaimer

MediPass uses automated tools (including Optical Character Recognition "OCR") to parse uploaded files. OCR results and AI summaries may contain errors. You are solely responsible for reviewing and verifying extracted results against your original records. MediPass assumes no liability for inaccurate parsing.

Data Security

MediPass uses industry-standard administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and security of your data, including encryption in transit and at rest. However, no method of transmission over the internet or method of electronic storage is completely secure, and MediPass cannot guarantee absolute security of your data.

You are solely responsible for maintaining the confidentiality of your account credentials, restricting access to your account, and promptly notifying MediPass of any actual or suspected unauthorized use or security breach. MediPass shall not be liable for any loss or damage arising from your failure to safeguard your account information.

Fees and Payments

Certain features may require payment of fees as disclosed in the applicable subscription or pricing schedule. Except as required by law, all fees are non-refundable. If you cancel your subscription, you remain responsible for charges incurred up to the effective cancellation date. MediPass reserves the right to change pricing with advance notice.

Communications

By creating an account, you consent to receive communications from MediPass via your stated contact methods, including email and SMS. You may opt out of marketing communications at any time without affecting your use of the Services.

Intellectual Property

All rights, title, and interest in the Services, including software, content, trademarks, and branding, remain the exclusive property of MediPass or its licensors.

User Content and AI Outputs: You retain rights in your uploaded content. MediPass retains rights to system-generated outputs (e.g., AI summaries), but grants you a license to use such outputs for personal, non-commercial purposes.

Prohibited Use

You shall not use the Services to upload, transmit, or share content that is unlawful, infringing, or harmful, or that violates the rights of others. MediPass reserves the right to remove such content and suspend access.

Limitation of Liability

To the fullest extent permitted by law:

• MediPass shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
• MediPass's total cumulative liability for all claims shall not exceed the total amount of fees you paid to MediPass for the Services in the twelve (12) months preceding the claim, or, if no fees were paid, zero U.S. dollars (US $0).

Indemnification

You agree to defend, indemnify, and hold harmless MediPass, its officers, directors, employees, agents, and affiliates from any claims, damages, or losses arising out of:

• Your use or misuse of the Services,
• Your violation of these Terms, or
• Your infringement of third-party rights.

No Warranties and Service Availability

The Services, including but not limited to AI-generated outputs, OCR results, and any third-party integrations, are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. MediPass expressly disclaims all warranties, including but not limited to:

• Accuracy, completeness, or reliability of the Services or any content;
• Fitness for a particular purpose or merchantability;
• Non-infringement of intellectual property rights; and
• Uninterrupted or error-free operation of the Services.

MediPass does not guarantee that the Services will always be secure, timely, uninterrupted, or free of errors, defects, viruses, or other harmful components. Access to the Services may be suspended or interrupted for maintenance, updates, or unforeseen technical issues.

You acknowledge that you use the Services at your own risk and that you are solely responsible for verifying any outputs or results prior to relying on them.

Termination

MediPass may suspend or terminate your account or access at any time for breach of these Terms, violation of applicable law, or other lawful reason. You may delete your account at any time via your portal. Certain obligations (e.g., indemnification, limitations of liability) will survive termination.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to conflict of laws principles.

All disputes shall be resolved in the state or federal courts located in Delaware, unless otherwise subject to mandatory arbitration.

Any dispute shall be resolved by binding arbitration under AAA rules in Delaware. You waive any right to participate in a class action or jury trial.

Amendments

MediPass reserves the right to amend or update these Terms at any time. Material changes will be communicated in advance, and your continued use of the Services constitutes acceptance of revised Terms.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Services, to understand our practices.

Your Rights

You have rights to:

• Access and download your personal data from the website.
• Correct inaccuracies using the editing tool from the website.
• Delete specific data entries from the MediPass portal.
• Delete your entire account through the MediPass profile settings.
• Withdraw consent where applicable.