Terms of Use

§1 Definitions


User

The user, or any parties associated with the user attempting to use or using EndlessMedical

EndlessMedical

All services accessible or provided by endlessmedical.com website, including, but not limited to EndlessMedicalAPI and SymptomChecker (via ShinyR)

Website

EndlessMedical.com

Service operator

An individual, an administrator of the EndlessMedical, the website of EndlessMedical, currently Lukasz Kiljanek MD

Parties associated with Service Operator

All associated with Service operator persons, employees, companies, and parties. These include content providers, consultants, clients, business contractors, licensees, authors, managers, founders, officers, suppliers, managers, agents, licensors, managers, employees, subcontractors, contractors, and any other associated persons and parties, with their families and friends.

Terms of Use

This document, which is describing the terms of use of EndlessMedical by Users.



§2 User eligibility


Only persons meeting all the following criteria are allowed to use EndlessMedical:
  • persons who are at least 18 years old,
  • persons who are not hired by, and who don’t own, and who don’t plan to own, and don’t plan to create and don’t plan to open any companies, parties or other entities, that create, run or license services which may be, may become or which are competition to EndlessMedical,
  • persons who are not hired, or associated, directly or indirectly, with IBM Watson, apiMedic (apimedic.com), Symptomate (symptomate.com), InferMedica, Isabel, sharecare, iTriage, symcat.com, Babylon, FamilyDoctor.org, DocResponse, Ada Health,
  • persons who know the English language well enough, to fully read and understand all content of the EndlessMedical and provisions of the Terms of use,
  • persons who have read and have understood the Terms of Use,
  • persons who have accepted the Terms of Use and agreed to fully comply with the Terms of Use, without any exceptions,
  • persons who are not prohibited by the local or international laws to use EndlessMedical,
  • persons who were not notified by Service Operator about being banned to use EndlessMedical,
  • persons who do not intend to use EndlessMedical for illegal purposes like fraud, or others,
  • persons who are not prohibited by the local or international laws to accept the entirety of Terms of Use,
  • persons present in the area, state, country, county, condition, circumstance or place, in or from which no local, state, country, federal or other laws prohibit acceptance of the entirety of Terms of Use,
  • persons present in the area, state, country, county, condition, circumstance or place, in or from which no local, state, country, federal or other laws render invalid any provision, part or the entirety of the Terms of Use,
  • persons present in the area, state, country, county, condition, circumstance or place, in or from which no local, state, country, federal or other laws make or render any or all provisions or clauses of the Terms of Use illegal,
  • persons who are not prohibited by the local or any other laws to fully comply with this Terms of Use,
Persons who don't fulfill all of the above conditions may become eligible to use the EndlessMedical, but only after they have communicated to the Service Operate, the occurrence of a circumstance of not fulfilling any of the criteria with Service Operator, and after they have received written permission from the Service Operator to use the EndlessMedical. These persons still need to read, understand, accept and agree to comply with all other provisions of the Terms of Use before using EndlessMedical.

§3 Allowed and prohibited usage:


EndlessMedical, in its current state of development, can only be used as an educational, supportive, and informational tool, in the process of diagnosing and treating patients.

EndlessMedical or the information, recommendations, or suggestions produced by EndlessMedical can not be used as a substitute for medical advice.

Always seek medical advice only from licensed medical professionals who are legally authorized to give such advice to patients.

Without the medical advice, received directly from licensed medical professionals who personally examined, and interviewed the patient, and are legally authorized to give such medical advice to patients, and are fully legally liable for their medical advice:

  • never initiate or change medical management or treatment plan,
  • never initiate or change medication dosing or frequency,
  • never diagnose,
  • never inform about possible diagnosis,
  • never inform about possible prognosis,
  • never order any tests.

§4 Terms of Use acceptance and use:


By using the EndlessMedical or Website, even before you specifically confirm the “I have read, understood and I accept and agree to comply with the Terms of Use.” you agree that you have read, understood and that you accept and agree to comply with the entirety of the Terms of Use.

The Terms of Use can change at any time without notice at the Service Operator's discretion. It is the User's responsibility to read, understand, accept, and comply with the most current version of the Terms of Use. Every time User indicates he/she has read, understood, accepted the Terms of Use and when User agrees to comply with the Terms of Use, it is assumed, that he/she/it has read, understood, accepted and agreed to comply with the most recent version of the Terms of Use and all previous versions of the Terms of Use published when he was ever before visiting or using Website and EndlessMedical.

Any discrepancies between the Terms of Use versions or between the clauses or provisions within the particular version, and potential conflicts arising from differences between various versions of Terms of Use shall always be interpreted by all to the benefit of the Service Operator and Parties associated with Service Operator.

If at any point, the Terms of Use become unacceptable for you, you agree to stop, and you must stop using the EndlessMedical immediately.

§5 No warranty or guarantee:


Even though the Service Operator is investing great effort to make the EndlessMedical valuable tool, the Service Operator or Parties associated with Service Operator are not willing to offer and are not offering any warranty or guarantee.

The EndlessMedical is delivered "as is." The User waives any rights and expectations to warranties, quality, applicability, functionality, accessibility, whether express or implied.

If User doesn't like any part of the EndlessMedical, User is prohibited from using it.

Specifically, EndlessMedical makes no warranty as to the accuracy, availability, completeness or reliability of any content or provided information.

The User understands that the Service Operator and Parties associated with Service Operator are not guaranteeing anything.

The EndlessMedical may stop working anytime. The EndlessMedical may be working inappropriately, may have errors, malfunctions, graphical and numerical approximations, security and data leaks.

The EndlessMedical may be hacked and taken over by malicious software or party, and spread viruses and malware. The data you entered may not be safe.

User is not allowed to submit or input any patients identifying data, even if asked by EndlessMedical or other services, Users, Service Operator or Parties associated with Service Operator.

EndlessMedical and Service Operator consider following to be identifying data: name, including first, last or initial; date of birth and other dates directly related to individual, besides age or year of birth; all geographical identifiers including zip codes, post office box numbers, addresses, suburbs names, state names, town and city names, neighbourhood name, country names, continents if habituated by less than 20000 people; phone and fax numbers; email addresses; website addresses; social security numbers; tax identification numbers; medical record numbers; health insurance beneficiary numbers; type of health insurance; account numbers; certificate or license numbers; vehicle identifiers including serial numbers and license plate numbers; device identifiers and serial numbers; Web Uniform Resource Locators (URLs), Internet Protocol (IP) address numbers; biometric identifiers, including finger, retinal and voice prints; full face photographic images and any comparable images; any other unique identifying number, characteristic, or code.

EndlessMedical and Service Operator consider identifying data the Protected Health Information as defined by HIPPA Privacy Rule, United States of America law

EndlessMedical may become free, paid, or expensive at any point, and without warning or advance notice.

The EndlessMedical has never been validated in appropriate clinical studies and has never been approved or recommended by any governing agency. It not endorsed by any medical board or society.

The EndlessMedical presents general and subjective understandings and opinions regarding diseases, differential diagnoses, physical examination, interviewing patients, diagnostic testing, and treatments, which may change from to time and without notice.

EndlessMedical has no intention to deliver and can not be used to deliver specific medical advice to Users. The EndlessMedical is not recommending any specific medical tests, treatments or actions to a specific case. EndlessMedical suggestions, or results, are not to be treated as medical advice and does not establish patient-physician relationships. The user agrees to use the EndlessMedical solely at his / her / its own risk. The User assumes all and any liability for use or misuse of the EndlessMedical.

Users shall always consult with licensed medical professionals for medical advice.

Always validate the information provided by EndlessMedical with medical books and publications, physicians, teachers, and mentors.

In case of emergency, especially, Users must not use the EndlessMedical and must seek emergent help otherwise.

§6 Lawsuits:


Users must not directly or indirectly trigger a lawsuit or demand claims, liabilities, settlements, or trigger adverse action against Service Operator or Parties associated with Service Operator from any entity or the User. If User triggers such action the User, besides being vulnerable for a civil lawsuit for non-adherence to Terms of Use will also be responsible for covering all legal costs, damages, fees, settlements and other money that Service operator may incur or pay as a reason of such breach of Terms of Use by User.

§7 Fees:



The User agrees to pay for paid functionalities as specified on the Web Site. No fees or money are refundable. All orders and payments are final and irrevocable.

§8 Endorsements:


Even though EndlessMedical may link to or include names of products, websites, services, or persons, the EndlessMedical, Service, or Parties associated with Service Operator do not endorse, promote or advertise any products, websites, services or persons. The Services Operator or Parties associated with Service Operator are not responsible for any content Users may receive from linked, external, or internal sources.

§9 Liability:


In no circumstance EndlessMedical or Service Operator or Parties associated with Service Operator will be or is liable for any damages (including, without any limitation, incidental and consequential damages, lost health, lost profits, personal injury, lost income, personal death, wrongful death, damages including those from lost business) arising from use, misuse, function or malfunction of the EndlessMedical or Website or from any interactions between User and other people, including User’s coworkers, supervisors, teachers, students or patients, current, past or future, even if use, misuse, function, malfunction or User’s interactions were or allegedly were inspired, taught by the use or misuse of EndlessMedical and even if the Service Operator or Parties associated with Service Operator didn’t warn or inform User about the possibility of such damages or consequences. The user further agrees and understands that by using the EndlessMedical User releases Service Operator and Parties associated with Service Operator from any liability, and User takes entire liability all on himself /herself/itself.

The User’s release of Service Operator and Parties associated with Service Operator from any liability is a critical part of the agreement between User and Service Operator. Without such release, User is prohibited from using any parts of Endless Medical or the entirety of EndlessMedical or Website.

§10 Indemnify:


By using the EndlessMedical or accepting the Terms of Use you agree and promise to indemnify, defend, and hold Service Operator and Parties associated with Service Operator harmless from and against any reactions, actions, demands or claims, liabilities or settlements, legal and accounting fees, resulting from, or allegedly resulting from User’s access or use or misuse of the EndlessMedical.

§11 Transfer:


You may not transfer all or any of the rights of a User to any other party. Specifically, Users are not allowed to share their logins or passwords or API access keys/passphrases. Such transfer will be considered a breach of the Terms of Use and may lead to adverse actions such as account closure, ban to use EndlessMedical and Website, or lawsuit against User.

§12 Accounts:


All logins, passwords, API access information, including API keys, passphrases, and passes, are confidential and only for only one User’s knowledge.

If you are granted a login and password to use the EndlessMedical, or API key, and API pass or passphrase, and even if you paid for these, you are not allowed to transfer or sell your access, your passwords, logins, or API keys, passphrases or passes to other party or person. Sharing is also prohibited.

Any such action will result in immediate cancelation of your account, API access, and login credentials, without refund or notice. Such actions may and will likely be reported to appropriate policing (i.e. Police), credentialing and licensing authorities as professionalism reports, without notice to you. You may also become sued for damages in a lawsuit.

The User is required to report to Service Operator immediately, any known or suspected breach of security, or compromised confidentiality of login/passwords and access to API. Please use the email given in the Contact section of EndlessMedical.com to report these.

§13 Notices:


EndlessMedical or Service Operator has no obligations to notify Users before or after taking any actions such as account cancelation, reporting, service maintenance, or closure of service.

All Users, when using products, APIs, software or data, or services provided by EndlessMedical, Service, must notify their Users, in a clearly visible way, that their services are "Powered by EndlessMedical, EndlessMedicalAPI. https://www.endlessmedical.com".

§14 Data and data usage:


By using the EndlessMedical or Website you generate the data, not only personal, and not only with your direct submissions. It is generated by your behavior while using the EndlessMedical, by data imputations to and interactions with the Website or EndlessMedical. Data is also generated by, and available from your browser or cookies or other sources. By using EndlessMedical and/or by accessing the Website you grant to Service Operator and its designees a worldwide, non-exclusive, sub-licensable, transferable, fully paid-up, royalty-free, perpetual, irrevocable right (license) to: use, not use, create derivative works of, do and publish research from, reproduce, distribute, publicly perform, analyze, publicly display, publish, digitally perform, make, have made, sell, offer for sale and import this data, in any media, or means known already or hereafter developed, for any purpose, commercial, scientific or otherwise, without further approval by, payment or notice to User. By using EndlessMedical or accessing the Website User also represents that he/she/ it has the unrestricted right to grant such right (license).

§15 Survival:


In case you terminate your access to, or you stop using EndlessMedical or Website, or your account is terminated, your right to use the EndlessMedical or Website terminates, but all other provisions of this Terms of Use, specifically your duties and the right and license as specified in §14, shall survive such termination.

§16 Copyrights and intellectual properties:


The user agrees to accept and honor the Service Operator ownership of all copyrights and all intellectual property of EndlessMedical. User agrees to not view, reproduce, copy, disseminate, put through reverse engineering any part of the source code, application, service, Website or EndlessMedical, or databases of the EndlessMedical or Website unless specifically allowed by the Website and EndlessMedical or the Service Operator in writing. Furthermore, the User agrees to not disseminate by any means (including using memorization) any or all content, actions, or design of the EndlessMedical or Website unless specifically permitted by the Website and EndlessMedical during its use.

For any comments and questions, please contact Service Operator, Lukasz Kiljanek MD by emailing lukaszkiljanekEM@gmail.com

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