IF YOU THINK YOU MAY BE HAVING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM NOW. ALPHADX IS NOT FOR EMERGENCIES.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 15) THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 15.
These Terms of Use ("Terms") are an agreement between you and AlphaDX Inc. ("AlphaDX", "we", "us" or "our"). They govern your use of the AlphaDX mobile app, our websites and related services (together, the "Services"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
1. AlphaDX is not medical care
AlphaDX is not a healthcare provider. AlphaDX provides health information. It does not provide medical advice, diagnosis or treatment, and it is not a medical device.
- The Services help you describe your symptoms, understand what might be causing them, find clinicians and prepare for appointments. Summaries, lists of possible causes and other outputs are informational. They are not a diagnosis, and they are not a recommendation to start, stop or change any treatment.
- Using the Services does not create a doctor–patient relationship between you and AlphaDX or anyone who works with AlphaDX.
- Always talk to a licensed clinician about your health and before making any medical decision. Never ignore professional medical advice, or delay seeking it, because of something you read in or submitted through the Services.
- The Services are not for emergencies. If you have a sudden, severe headache, weakness, numbness, confusion, trouble speaking, loss of vision, a headache after a head injury, or you think you may be having a medical emergency, call 911 or your local emergency number, or go to the nearest emergency room, right away.
2. How the AI works, and its limits
- Much of the Services is produced by artificial intelligence ("AI") from the information you provide. AI output can be incomplete, out of date or wrong, and it can sound more certain than it should.
- Output depends on what you tell us. If information is missing or inaccurate, the output will be too.
- Review any summary before you share it, and tell your clinician about anything that looks wrong.
- Physicians helped design how AlphaDX asks questions and organizes information. Unless a message clearly says otherwise, individual outputs are not reviewed by a physician before you see them.
3. Eligibility and your account
- You must be at least 18 years old and able to form a binding contract to use the Services.
- The Services are intended for people in the United States.
- You may create one account, for yourself. Do not submit health information about another person unless you are legally authorized to act for them.
- Communications. By creating an account, you agree to receive communications from us electronically, by email, in-app messages and notifications. These include notices about your account, security and changes to the Services, and they satisfy any requirement that such notices be in writing. Emails and notifications can show information on your lock screen or be read by others with access to your device or inbox. You can turn notifications off in iOS Settings, and unsubscribe from any marketing emails using the link in them.
- Electronic acceptance. Tapping to agree, or otherwise accepting these Terms or a consent in the app, has the same effect as signing it in writing.
- You are responsible for keeping your sign-in credentials secure and for all activity under your account. Tell us right away at info@alphadx.ai if you think your account has been used without your permission.
4. Your information and your content
- Accuracy. You agree to give true, accurate and complete information about your health and history. Inaccurate information can lead to misleading output.
- Your content. "Your Content" means what you submit to the Services, including text, voice recordings, photos, documents and health records. You keep ownership of Your Content.
- Our permission to use it. You grant AlphaDX a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit and display Your Content only as needed to provide, secure and improve the Services for you, as described in our Privacy Policy. This license ends when Your Content is deleted from our systems, except for copies we must keep by law or that remain for a limited time in backups.
- Reminders. Medication and other reminders are a convenience. They may be delayed or not delivered, for example if notifications are turned off or your device is offline. Don't rely on them as your only way to take medication or follow your care plan.
- Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
5. Finding care
- Specialist and clinic listings are provided to help you find care. AlphaDX does not employ, endorse or guarantee any listed clinician, and does not control their availability, fees, insurance participation or the care they provide.
- Appointment times and other details come from clinics or third parties and may change. Confirm them directly with the clinic.
- Any care you receive is between you and your clinician.
6. Acceptable use
You agree not to:
- use the Services for anyone else's medical decisions, or in place of professional care;
- use the Services for any unlawful purpose, or in violation of these Terms;
- submit content that is false, infringes someone else's rights, or contains malware;
- attempt to access other users' data, or interfere with the security or operation of the Services;
- copy, modify, reverse engineer or build a competing product from the Services, except where the law allows it;
- use bots, scrapers or other automated means to access the Services, or to extract data or AI output at scale;
- resell or sublicense the Services.
We may suspend or end your access if you break these rules.
7. Fees
The Services are currently free. If we introduce paid features, we will show the price and terms before you buy, and purchases made through the App Store are also subject to Apple's terms.
8. Intellectual property
The Services, including the software, text, graphics, design and the way content is selected and arranged, are owned by AlphaDX or its licensors and are protected by copyright, trademark and other laws. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the app on devices you own or control, for your own non-commercial use, under these Terms. AlphaDX and our logos are our trademarks.
9. Third-party services and content
- The Services rely on third parties, such as sign-in, cloud and AI providers, and may link to third-party websites and services. We don't control them and are not responsible for them, and your use of them may be subject to their own terms. Linking to them doesn't mean we endorse them.
- Articles and other content from third parties shown in the app, for example in your news feed, are for general information. They are not written for your situation, are not reviewed by AlphaDX for accuracy, and are not medical advice.
10. Changes to the Services and to these Terms
We may change, add or remove features, or stop offering the Services. We may update these Terms. If a change is material, we will notify you in the app or by email before it takes effect. If you keep using the Services after the effective date, you accept the updated Terms.
11. Ending your account
You can stop using the Services at any time and delete your account from inside the app (Settings → Delete account). Deletion can't be undone. We may suspend or end your account if you violate these Terms, if required by law, or to protect users or the Services. What happens to your data after deletion is described in our Privacy Policy. Sections 1, 2, 4 (Feedback), 8 and 12–17 survive termination.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, ALPHADX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO SOME OF THEM MAY NOT APPLY TO YOU.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ALPHADX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US $100. THESE LIMITS DO NOT APPLY WHERE THE LAW DOES NOT ALLOW THEM.
14. Indemnity
You agree to defend and indemnify AlphaDX against claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Services or your violation of these Terms or of anyone's rights.
15. Dispute resolution and arbitration
- Talk to us first. Before filing a claim, you agree to email info@alphadx.ai with a description of the dispute and try to resolve it informally for 30 days.
- Arbitration. If we cannot resolve it, you and AlphaDX agree to resolve the dispute by binding individual arbitration administered by JAMS under its consumer arbitration rules, rather than in court, except that either party may bring an individual claim in small claims court or seek an injunction for misuse of intellectual property.
- No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding.
- Opting out. You may opt out of this arbitration agreement by emailing info@alphadx.ai within 30 days of first accepting these Terms, with your name, account email and a clear statement that you opt out.
- Time limit. To the extent permitted by law, any claim must be brought within one year after it arises.
16. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, and by the Federal Arbitration Act. Subject to Section 15, the state and federal courts located in Santa Clara County, California have exclusive jurisdiction.
17. Apple App Store terms
If you download the app from the Apple App Store, you also agree to Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). If it conflicts with these Terms, these Terms govern.
18. General
These Terms, together with the Privacy Policy, are the entire agreement between you and AlphaDX about the Services. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.
19. Contact
AlphaDX Inc.
Email: info@alphadx.ai