MoDoc AIGet FeverCoach

MoDoc AI Terms of Use (previous version)

Last Updated: 2026-08-11

The Terms are Binding

ACCESS AND USE OF THE MODOC AI WEBSITE, MOBILE APPLICATION, ONLINE OR EMAIL SERVICES, OR ANY MODOC AI SOFTWARE OR SERVICE, IS GOVERNED BY THE TERMS SET FORTH BELOW, AS WELL AS THE TERMS SET FORTH IN OUR PRIVACY POLICY, WHICH ARE INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AS SET FORTH BELOW OR THE TERMS DESCRIBED IN OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR WEBSITE, MOBILE APPLICATION, ONLINE OR EMAIL SERVICES, OR ANY MODOC AI SOFTWARE OR SERVICE.

Acceptance of and Changes to the Terms of Use

These terms of use ("Terms of Use") are entered into between You and MoDoc AI, Inc. ("MoDoc AI," "we," "us," or "our") and govern your access to and use of our website; mobile application ("Application"); and software, whether pre-installed, downloaded by you, or incorporated into a MoDoc AI device, including any content, functionality, and related services, including all updates and modifications thereto (collectively, the "Services"). FeverCoach is a service of MoDoc AI. Please note that the Services, including the use of information generated by artificial intelligence and/or proprietary algorithms, do not constitute the practice of medicine. You are expressly advised to seek medical advice only from your personal or your child's physician, or a qualified medical professional licensed in your jurisdiction.

Please read these Terms of Use in full before using the Application or Services. By using the Application or Services, you agree to be legally bound by these Terms of Use, and our privacy policy, currently located at https://www.modoc-ai.com/privacy-policy ("Privacy Policy"). If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Application or Services. By using the Application or Services, you represent and warrant that you are 18 years of age or older and have the legal authority to enter into these Terms of Use.

We reserve the right to modify these Terms of Use at any time without prior notice. All changes are effective immediately when we post them, and apply to all access to and use of the Application or Services thereafter. Your continued use of the Application or Services binds you to any changes made to the Terms of Use. We do occasionally update these Terms of Use, so please refer to them whenever you access the Application or Services.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Application or Services, and any material we provide in connection with them, in our sole discretion and without notice to you. We will not be liable if for any reason all or any part of the Application or Services are unavailable at any time or for any period. From time to time, we may restrict access to the Application or Services to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Application and Services.
  • Ensuring that all persons who access the Application or Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Application and Services, or any of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application or Services that all the information you provide is correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You must use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Do Not Use in Emergencies

The Application and Services are neither intended nor suitable for use in emergencies. If you or your loved one is facing a medical emergency, or you even think you or your loved one may be facing a medical emergency, immediately stop using the Application or Services and call 911 or go directly to your nearest hospital emergency department.

Subscriptions

Pricing and availability. The price of the Application, whether it is offered at no charge, whether a free trial is available and for how long, and which features are included in a paid plan may differ by platform and by country, may change over time, and may vary while we test different pricing. The price and terms that apply to you are those shown on the Google Play Store or Apple App Store listing at the time you download the Application or purchase a subscription, together with that store's own terms and conditions.

We offer a premium subscription service, "FeverCoach +". As part of the FeverCoach + plan, the AI Coach service is included. For more details about what the AI Coach offers, please refer to our Service Scope of AI Coach. Where the Application is offered at no charge, some features may require this subscription.

We reserve the right to modify, discontinue, or restrict certain features of the FeverCoach + plan, including the AI Coach service, as necessary for reasons such as service improvements, technical issues, legal compliance, or other operational needs. However, if such changes materially impact the core functionality of a paid subscription, we will provide reasonable advance notice (e.g., at least 14 days) through appropriate channels such as email, in-app notifications, or public announcements. If you do not agree with a material change, you may cancel your subscription without penalty.

Subscription payments and refunds are managed directly by the Google Play Store or Apple App Store, in accordance with their respective policies. Users should refer to the refund procedures outlined by these platforms, as we do not process refunds directly.

Medical Advice Disclaimer

All information, images, and other content shared through the Application or Services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment from an appropriately qualified and licensed physician or other healthcare provider. Always seek the advice of a qualified healthcare provider with any questions you may have regarding your health, including any symptoms that are severe or concerning. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the Application or Services.

Medical information provided through the Application or Services doesn't apply to everyone. The Application and Services do not provide advice for all possible medical complications that may arise from fever or other symptoms. The information provided within the Application and Services is not applicable to certain individuals with special medical considerations including, but not limited to, those who:

  • Are individuals born prematurely (pre-term infants)
  • Are pregnant
  • Are age 60 or older
  • Have sickle cell disease
  • Have had a splenectomy (surgical removal of the spleen) or organ transplant
  • Are HIV positive
  • Have cancer
  • Are taking chronic steroids, chemotherapy, or immunosuppressant medications
  • Are unvaccinated or under-vaccinated
  • Have a chronic condition, such as kidney, lung, liver, or heart disease
  • Have a history of epilepsy
  • Have any other medical condition that may require treatment from a qualified healthcare provider

In addition, pulse-based estimates are particularly unreliable for children who have a heart rhythm disorder or other cardiac condition, who take medication that affects heart rate, who are anaemic, or who have a condition affecting circulation at the point of measurement. Do not rely on a pulse-based estimate for such a child.

MoDoc AI shares medical information about symptoms, treatments, and medical conditions from trusted medical information sources that have been reviewed by our team of clinicians. Our care recommendations in the Application and Services are based on the adult and pediatric telephone protocols published by the American Academy of Pediatrics, with supplemental information from other trusted sources including but not limited to:

  • UpToDate
  • Pediatric Telephone Protocols, 16th Edition, by Barton D. Schmitt, MD
  • HealthyChildren.org
  • Adult Telephone Protocols, 4th Edition, by David A. Thompson, MD, FACEP, American Academy of Pediatrics, 2018
  • Centers for Disease Control and Prevention (CDC)
  • National Institutes of Health (NIH)
  • Food and Drug Administration (FDA)
  • World Health Organization (WHO)
  • American Migraine Foundation
  • ClinicalTrials.gov
  • Mayo Clinic, USA
  • National Cancer Institute (NCI)
  • National Library of Medicine (NLM)
  • FAAP, American Academy of Pediatrics, 2018
  • United States Surgeon General

This list is intended to be illustrative rather than exhaustive. It represents trusted resources that help inform our care recommendations, which are also guided by adult and pediatric telephone protocols and supplemented by additional reputable sources. We periodically review and update this non-exhaustive list to keep our information current and reflective of the best available evidence.

In cases where conflicting information exists among the sources, we follow the source(s) that we deem to be the most reliable and clinically appropriate.

The inclusion of these sources is meant solely to indicate to users the quality of the information provided and does not constitute an endorsement of any source or a guarantee of any specific clinical outcome. Users are urged to consult a healthcare professional for personalized medical advice.

Camera-Based Pulse Measurement and Estimated Temperature

Not a medical device. The pulse measurement feature and the temperature range it estimates are educational and informational features. They are not medical devices, they have not been cleared, approved, or otherwise reviewed by the U.S. Food and Drug Administration or any other regulator, and they are not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition.

An estimate is not a measurement. A pulse reading taken with a phone camera is an estimate produced by software, not a clinical measurement. A temperature range derived from a pulse is a further estimate on top of that one. Heart rate accounts for only a small part of the variation in a child's body temperature — the rest comes from age, crying, pain, activity, dehydration, and individual differences — so the range we show you is wide by nature, and it is a statement of uncertainty rather than a reading. These features do not replace a thermometer. If you have a thermometer, use it.

The measurement may fail or be wrong. Accuracy depends on steady contact between the lens and the skin, on the child being calm and still, and on lighting and device conditions. Movement, crying, poor contact, or an unsupported device may produce no reading, a delayed reading, or an inaccurate one. We do not warrant that any reading or estimate is accurate.

Do not make care decisions on it. Do not use a pulse reading or an estimated temperature range to decide whether your child needs to be seen, to decide whether to give medication, or to decide how much to give. A reassuring estimate is never a reason to delay care. If your child seems seriously unwell, or you are worried, seek medical attention regardless of what the Application shows. For an emergency, or anything you suspect may be an emergency, call 911 or go to the nearest emergency department.

Taking a measurement safely. A measurement requires holding the phone against your child. You are responsible for supervising the child throughout. Never leave a child unattended with the device, never place the device where it could obstruct a child's breathing or be swallowed or bitten, and stop immediately if the child is distressed. The camera light produces heat during a measurement; do not hold it against the skin longer than the Application asks you to, and do not use the feature on broken, irritated, or sunburned skin. Keep the lens clean between uses.

You must be the parent or guardian. By using this feature you represent and warrant that you are the parent or legal guardian of the child being measured, or that you have that person's explicit authority to measure the child.

Diagnostic data. When you use the pulse measurement feature, the Application automatically collects diagnostic data about the measurement, including — on iOS — the camera video recorded during it. Because recording starts and stops around the moment the lens touches the skin, that video may briefly include your surroundings. This data is not linked to your account. It is described in full, including how long we keep it, in our Privacy Policy. By using the feature you acknowledge this collection.

Privacy/HIPAA Disclaimer

Stories and anecdotes alluding to specific patients are fictitious and are presented for illustrative purposes only. Such stories have been substantially altered to prevent any incidental unauthorized release of protected health information. Patient identifiers such as name, date of birth, sex, geographical location, dates and times of service have been substantially changed. Any similarities to actual patients alive or deceased are purely coincidental.

By accepting these Terms of Use, you the user are solely responsible for the consequences of sharing any protected health information as defined by HIPAA and its successors ("PHI"). You further agree not to share PHI and to report the sharing of such PHI immediately to the administrator.

Access to the Application and Services

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-sub licensable, non-transferable, and revocable license to access and use the Application and Services, and the content made available therein, only in the manner presented by us and only for your personal and non-commercial use.

You may be able to access the Application or Services without having to register any details with us.

You may access the Application only by downloading it from our website or third party mobile application providers. We do not have any control over third-party websites or applications, and as such, disclaim all liability from your use of those third-party websites or applications. You should review any third-party website's terms of use (sometimes called "Terms and Conditions" or the like) and privacy policies when you choose to download the Application from any such third-party website.

MoDoc AI may provide updates, upgrades, supplements and add-on components to the Application or Services, including bug fixes, the removal of or enhancements and feature improvements to the Application or Services, including entirely new versions (collectively "Updates"), after the date you obtain your initial copy of the Application or Services. These Terms of Use apply to all components of the Updates, unless we provide other terms along with such Updates.

Our Content in Different Languages (Machine Translation Service)

Our reviewers assess all content in English and use machine translation to review AI-generated answers or service messages when users access our Application or Services in a language other than English. When reviewing content in other languages, we first translate it back into English before making our assessment.

We use one or a combination of the following services (not exclusively) for some reviewed messages:

  • GenSpark translator agent
  • Google Translate
  • DeepL
  • GPT-4o
  • Claude 3.5 Sonnet

For AI Coach messages:

  • ChatGPT-4o

However, we reserve the right to substitute other translation services in the future without notice to you.

Although to date we have found machine translation to be satisfactory, there may be languages, or dialect of languages, that machine translation is unable to translate accurately or at all. Moreover, translations are or may include material that was generated or modified by artificial intelligence. Artificial intelligence is still in its infancy and may introduce erroneous information. We may not be able to provide human review for errors or inaccuracies. If you communicate with us in a language other than English, you acknowledge and recognize the risk that the translations provided to our reviewers may be inaccurate, and that, as a result, responses you see may be based on incorrect information and could therefore be incorrect.

Intellectual Property Rights

The Application and Services, and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MoDoc AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Application and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Application or Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may download a single copy or any software to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Application or Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of any materials in the Application or Services.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Application or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application or Services, in breach of the Terms of Use, your right to use the Application or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or Services, or any content in them, is transferred to you, and all rights not expressly granted are reserved by MoDoc AI. Any use of the Application or Services not expressly permitted by these Terms of Use constitutes a breach and may violate copyright, trademark, and other laws.

Any trademarks or service marks appearing anywhere in or on the Application or Services are the property of their respective owners. If any product name or logo does not appear with a trademark symbol, that does not constitute a waiver of any intellectual property rights that MoDoc AI or its businesses have established in any of their products, services, features, or service names or logos.

Privacy

We are committed to employing commercially reasonable means to maintain the privacy of your information. Please refer to our Privacy Policy (https://www.modoc-ai.com/privacy-policy) for information on how we collect, use, disclose, and protect your information. Acceptance of these Terms of Use constitutes your consent to the practices set forth in our Privacy Policy. All information obtained and maintained by MoDoc AI is subject to all applicable laws and regulations governing the security and confidentiality of the information.

Use of Your Information

MoDoc AI permits you to record information about common illnesses and your symptoms. Once you have transferred this information to us, the use and disclosure of this information is governed by our Privacy Policy and applicable law. We use commercially reasonable efforts designed to maintain and protect the security of any information provided to MoDoc AI.

User-Generated Content (UGC) and Data Licensing

By submitting questions, prompts, and engaging in conversations with the Services (collectively, "User Content"), you grant MoDoc AI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, and create derivative works from such User Content for the purpose of creating educational and informational content (such as blog posts, videos, and social media materials).

In exercising this right, MoDoc AI will strictly anonymize and alter all User Content to remove any personally identifiable information. You acknowledge that MoDoc AI owns the copyright to the final derivative works (the published content) and that you are not entitled to any financial compensation or royalties for this use.

Furthermore, you acknowledge that due to the common and repetitive nature of pediatric symptoms and parenting issues, our published content may occasionally appear similar to your real-life situations. MoDoc AI shall not be held liable for such coincidental similarities, provided there is no intentional breach of your personal information. If you wish to revoke this license and opt out of having your future User Content used for these purposes, or if you have concerns regarding specific content, you may contact us at contact@modoc-ai.com to request the cessation of such use.

Use of the Application and Services

The Application and Services, and all images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided by MoDoc AI through the Application or Services ("Content"), and the collection and compilation and assembly thereof, are the exclusive property of MoDoc AI or its licensors, and are protected by U.S. and international copyright laws.

The Content may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

As a condition of your use of the Application or Services, you will not use the Application, Services, or any Content, for any purpose that is unlawful in any applicable jurisdiction where the Application or Services are being used, or prohibited by these Terms of Use, and you agree to abide by the terms and conditions set forth in the "User Conduct" section below. You may not use the Application, Services, or Content in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party's use and enjoyment of the Application, Services, or any Content. You may not attempt to gain access to any portion of the Application, Services, or any Content, other than those for which you are authorized.

As a condition of your use of the Application or Services, YOU AGREE NOT TO, AND WILL NOT ENABLE OR PERMIT OTHERS TO, COPY, REVERSE ENGINEER, REVERSE ENGINEER INTERNAL INSTRUCTIONS, DECOMPILE, DISASSEMBLE, EXTRACT SYSTEM PROMPTS, OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OR ALGORITHMS OF THE APPLICATION OR SERVICES, AND ANY OTHER SOFTWARE RELATED TO THE USE OF THEM IN ANY WAY WHATSOEVER (except and only to the extent, if any, that such activity is expressly permitted by applicable law notwithstanding this limitation). For purposes of clarity, this includes but is not limited to determining composition or components of our service, and analyzing the methods of communication or signal processing and inputs/ outputs from, between, and to a thermometer, a mobile device, and the Application, Services, or any related software.

YOU MAY NOT MODIFY THE APPLICATION OR SERVICES, INCLUDING THE SOFTWARE CONTAINED IN THEM, IN ANY MANNER THAT WILL PERMIT SUCH SOFTWARE TO WORK WITH, OR OTHERWISE PROVIDE INFORMATION TO, ANY NON-MODOC AI APPLICATION, SOFTWARE, OR WEBSITE.

YOU MAY NOT MODIFY THE APPLICATION OR SERVICES IN ANY MANNER DESIGNED TO PROVIDE INACCURATE INFORMATION TO MODOC AI, INCLUDING WITHOUT LIMITATION, ALTERED THERMOMETER READINGS, OR SYNTHETIC, SUBSTITUTED, OR PRE-RECORDED CAMERA INPUT SUPPLIED TO THE PULSE MEASUREMENT FEATURE.

WHILE REASONABLE EFFORT IS MADE TO ENSURE THE TIMELINESS AND ACCURACY OF THE APPLICATION, SERVICES, AND ANY CONTENT, WE MAKE NO WARRANTIES EITHER EXPRESS OR IMPLIED, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE COMPLETENESS, USE, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR USEFULNESS, OF ANY OF THE RESULTS OBTAINED FROM SUCH USE.

While reasonable effort is made to ensure that all Content provided on the Application and Services does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer or mobile device, and you should ensure that you have a complete and current backup of the applicable items on your computer or mobile device.

Services Uptime

We take reasonable steps to ensure that the Application and Services are always available. However, applications, software, and websites do sometimes encounter downtime owing to server and other technical issues. Therefore, we will not be liable if the Application or Services are unavailable at any time.

The Application or Services may be temporarily unavailable owing to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give you advance warning of maintenance issues, but this is not always feasible, and we are not obliged to do so.

User Conduct

The Application and Services may contain forums, chat areas, message boards, and other message or communication facilities designed to allow you to communicate with the Internet community or with a group. You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Application or Services. You agree to use the Application and Services only to post, send and receive messages and content that are proper and related to the particular service. Among other actions, when using the Application or Services, you affirm, represent, and warrant that you will not post, send, submit, publish, or transmit in connection with the Application or Services any material that:

  • you do not have the right to post, including proprietary material of any third party, such as files containing software or other third party material protected by intellectual property laws (or by rights of privacy or publicity);
  • violates or may violate any law, advocates illegal activity or discusses an intent to commit an illegal act;
  • does not pertain directly to the Services;
  • threatens or abuses others, libels, defames, invades privacy, stalks, or is obscene, pornographic, vulgar, indecent, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • harvests or otherwise collects information about others, including email addresses, without their consent;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on the Services;
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or network;
  • disobeys any policy or applicable law, including any code of conduct or other guidelines established from time to time regarding use of Services or any networks related to the Services; or
  • contains links to other websites or software containing content that falls within the descriptions set forth above.

We may fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Services in breach of this Section.

We reserve the right, but are not obligated, to monitor use of the Application and Services to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Materials uploaded to the Application or Services by users may be subject to limits on use, reproduction or dissemination and you are responsible for abiding by such limitations with respect to your submissions.

WE CANNOT AND DO NOT GUARANTEE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF USER CONDUCT FOR THE APPLICATION, SERVICES, OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

If you know or suspect that any of the content or materials on the Services have been used or copied in a way that constitutes United States copyright infringement, please send notice to our designated agent identified below. According to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Attn: Chief Executive Officer
Address: 163 Highland Ave #1015, Needham, MA 02494, United States
Email: contact@modoc-ai.com

You shall not use the Application or Services while distracted or preoccupied, such as when operating a motor vehicle. You should always access the Application or Services with due regard for your own safety and the safety of others.

Links to Application and Services

If you would like to link to the Application or Services, you may only do so on the basis that you link to, but do not replicate, portion of the Application or Services, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with applicable law.

If you link the Application or Services in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Application, or Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL OWING TO YOUR USE OF THE APPLICATION OR SERVICES, OR ITEMS OBTAINED THROUGH THE APPLICATION OR SERVICES, OR ON ANY WEBSITE LINKED TO THEM.

NEITHER MODOC AI NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MODOC AI NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE APPLICATION OR SERVICES, OR THEIR CONTENT, OR ANY ITEMS OBTAINED THROUGH THEM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR SERVICES, OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ACKNOWLEDGE THAT THE APPLICATION, SERVICES, AND CONTENT IS PROVIDED "AS IS" FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.

You further acknowledge that you understand and assume full responsibility for the risks associated with the use of the Application and Services and that your use of them is at your sole risk. MoDoc AI is not liable to you, or to any third party, for any decision made or action taken by you or any third party based on information contained in or offered in connection with the Application or Services; or, due to reliance upon such information contained on the Application or Services.

All information on the Application and Services is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The Content could include technical inaccuracies or typographical errors. Changes are periodically made to the Content and the Application and Services. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Application or Services, or reliance on the Content.

EXCEPT AS EXPRESSLY STATED BY MODOC AI IN OUR WARRANTY, THE APPLICATION, SERVICES, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICES, INCLUDING THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

YOUR USE OF THE APPLICATION OR SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, MODOC AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS ARE NOT AND WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION OR SERVICES, OR YOUR RELIANCE ON OR USE OF THE APPLICATION, SERVICES, CONTENT, INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE APPLICATION OR SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold harmless MoDoc AI, its officers, directors, employees, volunteers, agents, licensors, suppliers, successors, and assigns from and against any claims, actions or demands, liabilities, damages, judgments, awards, loses, costs, expenses, fees or settlements, including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from; (1) your use of and access to the Application or Services, (2) your violation of these Terms of Use, or (3) your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without MoDoc AI's prior written consent.

Applicable Law

We make no representations that the Application, Services, or Content are appropriate or may be accessed, used, or downloaded in your jurisdiction. Access to the Application, Services, or Content may not be lawful in certain jurisdictions. If you access, use, or download the Application, Services, or Content, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access, use, or download them.

These Terms of Use, and all disputes arising hereunder, shall be construed and interpreted under the laws of the State of California, without giving effect to any choice or conflict of law provision, and applicable federal laws of the United States. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.

The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms of Use.

The Application and Services are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on the Application or Services, as may be required.

In the event that the license granted hereunder is pursuant to a contract with either a defense or civilian agency of the United States Government, you agree that the Application and Services are provided with restricted rights. In such a case, the Application and Services, and the corresponding documentation, are "Commercial Items," as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government users (i) only as Commercial Items and (ii) with only those rights as are granted to all other licensees and end users pursuant to these Terms of Use.

Dispute Resolution: MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS

YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS:

Agree to Arbitrate. You and MoDoc AI agree to resolve any claims relating to these Terms of Use, the Application, or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by submitting an email (from the email associated with your MoDoc AI account (if applicable)) to MoDoc AI containing your name and address with "Opt-out of Agreement to Arbitrate" in the subject line within 30 days of first registering your account or the first posting of these Terms of Use. If you previously agreed to a prior version of these Terms of Use that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco, California, or any other location MoDoc AI agrees to, in its sole discretion.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. MoDoc AI may not seek its attorneys' fees and costs in any arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate. Either you or MoDoc AI may assert claims, if they qualify, in a court of competent jurisdiction in San Francisco, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Application or Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. In all other circumstances, you agree that you will be bound by this MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS section. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco, California to resolve your claim.

NO CLASS ACTIONS. You may resolve disputes with MoDoc AI on an individual basis only, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable for your claim, then the entirety of this MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS section will not apply to the class action claim.

General

These Terms of Use, together with the Privacy Policy, and any legal notices published by MoDoc AI on the Application or Services, constitute the entire agreement between us concerning use of the Application and Services. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any term may be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.