“User” refers to any individual or entity that accesses or uses EndlessMedical.com and its services, either directly or through any affiliated party.
“EndlessMedical” encompasses all services and features offered through the EndlessMedical.com website, including but not limited to the EndlessMedical API, SymptomChecker, and any other software or tools provided.
“Website” refers to the internet site at the domain EndlessMedical.com, through which EndlessMedical services are offered.
“Service Operator” refers to the individual or entity responsible for managing and operating the EndlessMedical.com website, currently identified as Lukasz Kiljanek MD.
“Parties associated with Service Operator” includes any individuals and entities affiliated with the Service Operator, such as employees, consultants, contractors, licensors, licensees, and business partners, along with their immediate family members and household members.
“Terms of Use” refers to the document that outlines the rules and regulations for accessing and using the services provided by EndlessMedical.com.
This revised text improves clarity, reduces redundancy, and enhances the legal precision of your Terms of Use, making it easier for users and stakeholders to understand their rights and obligations when interacting with EndlessMedical.com.
To use EndlessMedical, individuals must meet all of the following criteria:
Age and Competence: Individuals must be at least 18 years old and have the capacity to enter into legally binding contracts.
Non-Competition: Individuals must not currently be employed by, own, plan to own, or be involved in the creation or operation of any business that is or could be in direct competition with EndlessMedical.
Non-Affiliation with Competitors: Individuals must not be employed by or associated, directly or indirectly, with any competitors such as IBM Watson, apiMedic (apimedic.com), Symptomate (symptomate.com), InferMedica, Isabel, Sharecare, iTriage, symcat.com, Babylon, FamilyDoctor.org, DocResponse, Ada Health, and others as specified.
Language Proficiency: Individuals must possess sufficient English language proficiency to fully understand all content on EndlessMedical.com and the Terms of Use.
Acceptance of Terms: Individuals must have read, understood, and accepted the Terms of Use, agreeing to comply fully without exception.
Legal Compliance: Individuals must not be prohibited by any local or international laws from using or agreeing to the Terms of Use.
Geographical Compliance: Individuals must be located in a jurisdiction where no local, state, federal, or international laws prevent the acceptance of these Terms of Use, make any provisions of the Terms of Use invalid, or deem illegal any aspects of these Terms of Use.
Legal Standing: Individuals must not be banned from using EndlessMedical by the Service Operator or intend to use EndlessMedical for illegal purposes, such as fraud.
Individuals who do not meet these conditions may become eligible to use EndlessMedical only after:
Such individuals must still read, understand, accept, and agree to comply with all other provisions of the Terms of Use before using EndlessMedical.
EndlessMedical is intended solely as an educational, supportive, informational, and pre-diagnostic resource in the medical field. It is designed to assist in the process of diagnosing and treating patients and can be used by medical professionals to collect data that aids in patient evaluation and diagnosis.
EndlessMedical serves as a pre-diagnostic tool, helping licensed healthcare professionals gather preliminary information that may contribute to patient evaluation. It is important to clarify that the functionality of EndlessMedical, including its symptom checker, API, or other services, as a pre-diagnostic tool, is distinctly different from making a diagnosis. These tools may provide possible diagnoses (“pre-diagnoses”), but such pre-diagnoses should be considered only as data points by licensed medical professionals before issuing an official diagnosis or deciding on a treatment/testing plan.
While pre-diagnoses generated by EndlessMedical should not be used as definitive diagnoses, they can serve as valuable educational tools for users. Individuals using the software can learn about potential health conditions and medical information, enhancing their knowledge and understanding of medical topics. However, these pre-diagnoses must not be misconstrued as medical advice or actual diagnoses.
EndlessMedical can be utilized by licensed healthcare professionals for the purpose of gathering data during patient evaluations. However, it is crucial that all data collected through EndlessMedical is verified for accuracy and integrity by the healthcare professionals using it. This confirmation must adhere to the standards of medical practice and be consistent with professional responsibilities.
EndlessMedical, including any information, recommendations, or suggestions derived from it, is not a substitute for professional medical advice. Users must always seek advice directly from licensed medical professionals, who are legally authorized to provide medical counsel and are responsible for their medical advice.
Users of EndlessMedical must not:
Initiate or Modify Medical Management: Do not start, stop, or alter any medical management, diagnostic, or treatment plans without direct consultation with a licensed medical professional who has personally examined and interviewed the patient.
Adjust Medications or Treatments: Do not initiate, change, or adjust the dosage or frequency of any medications or treatments without specific guidance from a licensed medical professional.
Diagnose or Assume Diagnoses: Do not diagnose or assume a diagnosis for yourself or others without proper medical evaluation.
Communicate or Assume Diagnoses or Prognoses: Do not inform others or assume any possible diagnosis or prognosis without confirmation from a medical professional.
Order, Cancel, or Modify Tests and Treatments: Do not order, cancel, or alter any medical tests or treatments without authorization from a medical professional.
By accessing or using EndlessMedical and its website, you acknowledge and agree that you have read, understood, and accept to be bound by these Terms of Use, even if you have not clicked on an “I accept” button or checkbox. Your continued use of EndlessMedical constitutes your agreement to all such terms.
The Terms of Use are subject to change at any time without prior notice, at the discretion of the Service Operator. It is your responsibility as a User to review the most current version of the Terms of Use regularly. You are encouraged to check the Terms of Use periodically, even daily, to ensure familiarity with the most current version.
If you wish to receive notifications about upcoming changes to the Terms of Use, you must contact the Service Operator and provide your contact information. By doing so, you opt-in to receive updates, which may be sent via email or another method specified by the Service Operator.
Each time you use EndlessMedical, it is presumed that you have accepted the most current version of the Terms of Use, as well as all prior versions applicable during your previous visits to the website or use of the service.
In the event of any inconsistency or conflict between different versions of the Terms of Use, or contradictions within the same version, such discrepancies shall be interpreted in a manner that most favors the Service Operator and Parties associated with the Service Operator.
If at any time the Terms of Use are no longer acceptable to you, you must immediately cease all use of EndlessMedical. Continuing to use EndlessMedical after finding the Terms of Use unacceptable constitutes acceptance of the current version, including any changes that may have been made.
EndlessMedical is provided “as is” without any warranties or guarantees of any kind, either expressed or implied. The Service Operator and Parties associated with the Service Operator expressly disclaim all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
EndlessMedical makes no warranty regarding the accuracy, reliability, completeness, or timeliness of the content, information, software, text, graphics, links, or other items contained within the service. The user acknowledges that such materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The functionality of EndlessMedical may be interrupted, contain errors, or experience other problems that could lead to data loss or other issues. Furthermore, EndlessMedical may be vulnerable to security risks including data breaches, hacking, and malware attacks. The user assumes all risks associated with using the service.
Users must not input or submit any patient identifying data. Identifying data includes, but is not limited to, names, dates of birth, geographical identifiers, phone numbers, email addresses, social security numbers, medical record numbers, and other unique identifiers as defined by the HIPAA Privacy Rule.
For U.S. customers, EndlessMedical and the Service Operator recognize identifying data as Protected Health Information (PHI) under the HIPAA Privacy Rule of the United States of America. For international customers, the definition of protected information is governed by local laws in the customer’s jurisdiction. Users must ensure compliance with their respective local privacy laws when using EndlessMedical.
Despite the capabilities of the EndlessMedical API or other services, there may be instances where these systems erroneously request protected identifiable health information. Users are obligated not to provide any protected health information even in such cases, ensuring compliance with privacy laws and protecting the integrity of sensitive data.
The terms, conditions, and pricing of EndlessMedical are subject to change at any time without notice. The service may become free, paid, or vary in cost at any point at the discretion of the Service Operator.
EndlessMedical has not been validated in clinical studies nor approved by any medical regulatory agencies. It is not endorsed by any medical boards or societies and should not be considered as a source of medical advice.
EndlessMedical presents general and subjective understandings and opinions regarding diseases, differential diagnoses, physical examination, interviewing patients, diagnostic testing, and treatments. These insights may change over time and without notice, and should not be considered definitive medical advice.
The user agrees to use EndlessMedical solely at their own risk. The user assumes all liability for any consequences arising from the use or misuse of the service. Users should always verify information obtained from EndlessMedical with trusted medical resources and consult with licensed medical professionals before taking any action.
In emergency situations, users should not rely on EndlessMedical and must seek immediate medical assistance from appropriate health services.
Here is a revised version of Section 6, clarifying the language and responsibilities concerning lawsuits and claims against the Service Operator and associated parties:
Users agree not to initiate, either directly or indirectly, any lawsuits, claims, or demands against the Service Operator or any Parties associated with the Service Operator. This prohibition includes preventing any third parties from bringing claims or legal actions on the user’s behalf or due to the user’s actions.
If a user violates this agreement and triggers a legal action against the Service Operator or Parties associated with the Service Operator, the user will not only be subject to potential civil litigation for non-compliance with these Terms of Use but will also be responsible for reimbursing the Service Operator for all legal costs incurred. This includes, but is not limited to, attorney fees, damages, settlements, fines, and any other expenses resulting from such a breach.
The user acknowledges and agrees that they will be financially liable for all expenditures associated with any legal actions they cause, including costs associated with defending such actions and any payments made to resolve them.
The User agrees to pay for the paid functionalities of EndlessMedical as outlined on the Website. The specific fees and payment terms for each service or feature are clearly specified, and users are expected to review these details before making any commitments.
All fees paid by the User for access to paid functionalities of EndlessMedical are non-refundable. This policy applies regardless of the user’s level of usage or satisfaction with the provided services.
Once a payment or order is completed, it is considered final and irrevocable. Users agree that they cannot cancel, reverse, or seek a refund for any transaction after it has been confirmed and the corresponding services have been activated.
EndlessMedical may include or provide links to other websites, products, services, or mention individuals; however, such inclusion or linkage does not constitute an endorsement, sponsorship, or recommendation by the Service Operator or any Parties associated with the Service Operator. Users should understand that these references are provided for convenience or informational purposes only.
The Service Operator and Parties associated with the Service Operator do not promote, advertise, or bear responsibility for any external or third-party content that may be accessed through EndlessMedical. This includes, but is not limited to, content found on linked websites, or through any services mentioned on EndlessMedical.
Users access and use external links and content at their own risk. The Service Operator is not responsible for the accuracy, legality, or any other aspect of the content of external sites or services. Users are encouraged to exercise due diligence when interacting with external content linked through EndlessMedical.
In no event shall EndlessMedical, the Service Operator, or any Parties associated with the Service Operator be liable for any damages arising out of or in connection with the use, misuse, functionality, or malfunction of EndlessMedical or its website. This includes, but is not limited to, incidental, consequential, direct, indirect, punitive, or special damages, such as lost profits, personal injury, wrongful death, or damages resulting from lost data or business interruption, arising from the user’s interactions with others, including coworkers, supervisors, teachers, students, or patients, whether current, past, or future. This limitation applies even if the damages were allegedly inspired or facilitated by the use or misuse of EndlessMedical and regardless of whether the Service Operator or associated parties were advised of the possibility of such damages.
By using EndlessMedical, the user explicitly releases the Service Operator and all Parties associated with the Service Operator from any and all liability. This release of liability is a fundamental element of the agreement between the user and the Service Operator, and without such a release, the user is prohibited from using any part or the entirety of EndlessMedical.
By using EndlessMedical or agreeing to these Terms of Use, the user agrees to indemnify, defend, and hold harmless the Service Operator and all Parties associated with the Service Operator from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that arise from or relate to the user’s access, use, or misuse of EndlessMedical. This indemnification applies to all legal actions and is unconditional unless such indemnity is prohibited by law.
If any part of this indemnity is found to be illegal or invalid, the user is prohibited from using the service entirely. Furthermore, the indemnity obligation shall not negate or nullify the terms of any insurance held by the Service Operator or any other applicable insurance. However, the user’s indemnification responsibility will still come into effect after any such insurance has been exhausted.
The Service Operator does not make any representations about whether it currently holds any form of insurance. Users should not assume the presence or absence of such insurance when agreeing to indemnify the Service Operator.
In addition to general indemnification, users are specifically required to cover all legal costs incurred by the Service Operator or associated parties that result from claims or actions brought as a result of the user’s use of EndlessMedical. This includes covering costs after the exhaustion of any applicable insurance.
Users are strictly prohibited from transferring any of their rights under these Terms of Use to another party. This includes, but is not limited to, the sharing of login credentials, passwords, or API access keys and passphrases. Such actions compromise the security and integrity of EndlessMedical.
Any unauthorized transfer, sharing, or use of user credentials or API access details will be considered a serious breach of these Terms of Use. Consequences of such a breach may include, but are not limited to:
All logins, passwords, API access information, including API keys, passphrases, and passes, are strictly confidential and intended for the exclusive knowledge and use of the registered user only.
If you are granted a login and password, or API key, passphrase, and passes to use EndlessMedical, these credentials are personal to you. Even if you have paid for these access credentials, you are not permitted to transfer, sell, or share your access, passwords, logins, or API keys with any other party or person. Such sharing is strictly prohibited.
Engaging in unauthorized sharing or transfer of your account details will result in the immediate cancellation of your account, API access, and login credentials, without any refund or prior notice. Additionally, such actions may be reported to appropriate law enforcement and professional licensing or credentialing authorities as breaches of professionalism, without any notice to you. You may also face legal action for damages through a lawsuit.
Users are required to immediately report any known or suspected security breaches or any compromise of account confidentiality to the Service Operator. Please use the contact email provided in the Contact section of EndlessMedical.com to report such incidents promptly.
EndlessMedical and the Service Operator are not obligated to provide advance notice to Users before taking any actions, including but not limited to account cancellation, reporting to authorities, service maintenance, or closure of services. Actions may be taken without prior notification as deemed necessary by the Service Operator.
For paid users, these notification terms may be negotiable. Any modifications to the notification practices must be agreed upon in writing. Additionally, the waiver of any notification requirements requires explicit written consent from both the Service Operator and the paid user.
All Users who utilize products, APIs, software, data, or services provided by EndlessMedical must clearly notify their end-users or clients that their services are “Powered by EndlessMedical, EndlessMedicalAPI. https://www.endlessmedical.com“. This attribution must be prominently displayed in a manner that is easily visible and understandable to all end-users.
Similarly, for paid users, the terms regarding how and when these notifications must be made can be negotiable. Any modifications to these notification terms must be agreed upon in writing. The waiver of any notification requirements also requires explicit written consent from both the Service Operator and the paid user.
By using EndlessMedical or accessing the Website, you acknowledge that data generation is not limited to your direct submissions. Data is also generated through your behavior while using EndlessMedical, interactions with the Website, and through technological means such as your browser, cookies, or other similar technologies.
By using EndlessMedical and/or accessing the Website, you grant the Service Operator and its designees a worldwide, non-exclusive, sublicensable, transferable, fully paid-up, royalty-free, perpetual, irrevocable license to:
By using EndlessMedical or accessing the Website, you represent and warrant that you have the unrestricted rights necessary to grant such a license. This includes ensuring that any data you provide or actions you take within the service do not infringe upon the rights of others or violate any applicable laws.
In the event that you terminate your access to, or cease using, EndlessMedical or the Website, or if your account is terminated by the Service Operator, your right to use EndlessMedical and the Website will immediately cease.
Notwithstanding the termination of your use or account, certain provisions of these Terms of Use will continue to remain in effect. Specifically, all your obligations and the rights and licenses granted to the Service Operator as specified in §14 (Data and Data Usage) will survive such termination. This includes the perpetual and irrevocable right granted to the Service Operator to use, not use, create derivative works from, and otherwise utilize the data as outlined in §14.
The survival of these provisions ensures that responsibilities regarding data handling, privacy, indemnification, and limitations of liability will continue to govern past interactions and uses of EndlessMedical. This is necessary to protect the legal and operational integrity of both the Service Operator and the User post-termination.
If any part of these Terms of Use is found to be unenforceable or illegal under applicable local laws, the user agrees not to use EndlessMedical. It is the user’s responsibility to ensure that they comply with all local laws, regulations, and policies that apply to their use of EndlessMedical. Users must verify their local legal requirements before accessing and using EndlessMedical, and they are prohibited from using the service if any provision of these Terms of Use violates their local laws.
If any provision of these Terms of Use is found to be illegal or unenforceable, and the user continues to use EndlessMedical in breach of this agreement, it does not invalidate the remaining provisions. All other parts of the Terms of Use that are legal and enforceable will remain in effect and continue to be binding. This ensures that the enforceability of one section does not affect the validity of the rest of the Terms of Use.
The user acknowledges and agrees to honor the ownership of all copyrights and intellectual property rights by the Service Operator associated with EndlessMedical. This includes, but is not limited to, all software, applications, services, content, and databases used in or as part of EndlessMedical and its Website.
The user agrees not to engage in any unauthorized use of the intellectual property of EndlessMedical. Specifically, the user is prohibited from:
The user agrees to not use memorization or any other method to reproduce or disseminate any content, actions, or design related to EndlessMedical or its Website without explicit written permission from the Service Operator.
For permissions, comments, or questions regarding the use of intellectual property related to EndlessMedical, users are encouraged to contact the Service Operator, Lukasz Kiljanek MD, directly via email at lukaszkiljanekEM@gmail.com.