Mediphany Terms of Service
Mediphany receives medical images, imaging reports and other information from its users or from physicians, radiologists, or hospital systems (“Medical Providers”), regarding diagnostic imaging procedures and related services provided by Medical Providers to the user and prepares an educational video report to help the user understand the images and the imaging reports. WHILE MEDIPHANY’S IMAGING EDUCATIONAL CONSULTANTS MAY BE RADIOLOGISTS OR PHYSICIANS IN ADVANCED RADIOLOGY TRAINING, THEY ARE NOT ACTING AS MEDICAL PROVIDERS WHEN PROVIDING THE SERVICES AND DO NOT PROVIDE DIAGNOSTIC SERVICES, SECOND OPINIONS, MEDICAL ADVICE OR MEDICAL RECOMMENDATIONS IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE NOT ENTERING INTO A PHYSICIAN-PATIENT OR ANY OTHER PRIVILEGED OR FIDUCIARY RELATIONSHIP WITH MEDIPHANY AND ITS IMAGING EDUCATIONAL CONSULTANTS, AND THAT MEDIPHANY AND ITS IMAGING EDUCATIONAL CONSULTANTS ARE NOT LIABLE FOR ANY ADVICE, MEDICAL CARE, IMAGING REPORTS, OR TREATMENT YOU RECEIVE FROM ANY MEDICAL PROVIDERS OR FOR ANY CONSEQUENCES, INJURY OR HARM THAT MAY RESULT THEREFROM. MEDIPHANY CREATES ITS EDUCATIONAL VIDEOS FROM THE IMAGES AND INFORMATION PROVIDED IN YOUR MEDICAL PROVIDER’S IMAGING REPORT AND IS NOT RESPONSIBLE FOR ANY FINDINGS IN THE REPORT. MEDIPHANY AND ITS IMAGING EDUCATIONAL CONSULTANTS DO NOT HAVE A DUTY TO ADVISE, DIAGNOSE, OR TREAT YOU, OR TO NOTIFY YOU OF ANY IRREGULARITIES OR INCORRECT FINDINGS IN THE REPORT OR FAILURE OF YOUR MEDICAL PROVIDER TO NOTE ANY SIGNIFICANT FINDINGS. IMAGING EDUCATIONAL CONSULTANTS MAY, BUT ARE NOT REQUIRED TO, SUGGEST THAT USERS HAVE THEIR MEDICAL PROVIDERS RE-REVIEW THE IMAGING REPORT IF THE IMAGE SHOWS ABNORMALITIES THAT ARE NOT ADDRESSED IN THE IMAGING REPORT.
Mediphany provides secure cloud storage of imaging studies (“Imaging Storage Services”) for which Mediphany may charge an annual subscription fee. Subscription programs and the pricing for each program are described on the Website. The type of subscription program determines the number of studies that users may store on the Website. Subscription fees will be deducted from the user’s form of payment. Users may access their stored images by logging on to the Website at https://app.mediphany.com/patient-dashboard
You are responsible for verifying that any information you provide to Mediphany or a Medical Provider is accurate and complete. Mediphany will not be liable for any damages or losses that occur as a result of untruthful, inaccurate or otherwise incomplete information. The Services are not a substitute for in-person treatment or advice of your primary care physician or other health care providers. If you are not feeling well, contact your primary care physician or other Medical Provider. The Website and the Services are not to be used for medical emergencies. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Mediphany and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only use the Services under the direct guidance of a parent or guardian that has accepted the Agreement on your behalf. If you are under 13 years of age, you may not use the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Mediphany may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Mediphany granting you access to and use of the Services, you agree that Mediphany, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Mediphany account. Mediphany cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Mediphany does not claim ownership rights in any medical images or reports or other content that you provide to the Services (the “User Content”). However, in order for Mediphany to provide the Services, you agree that upon uploading User Content to the Platform, you grant Mediphany a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, adapt, publish, translate, distribute, and display such User Content solely as reasonably necessary to provide functionality and access to the Services.
Please be aware that, except as expressly provided or as otherwise required under applicable law, Mediphany does not verify the accuracy of any information available on the Services or any User Content. Medical images or reports have been provided directly by users or by an independent third-party Medical Provider and have not been reviewed or approved by Mediphany. Any use or reliance on any information you obtained through the Services is at your own risk. You may provide access to your User Content and/or video reports to other third parties and/or Medical Providers. We are not responsible for the actions of our users or your interactions with Medical Providers or other users in connection with such access.
By submitting User Content, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Mediphany and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Content, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, or health care related claims. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms at a later time.
Subject to the terms of the Agreement, Mediphany grants to you a limited and nonexclusive license (without the right to sublicense) to access and use the Services as provided herein. All right, title, and interest in and to the Services and any content available on the Services, including any videos that Mediphany prepares using your medical images or information (“Imaging Videos”), are and will remain the exclusive property of Mediphany and its licensors. You may use the Imaging Videos only as reasonably necessary to understand your medical images and for no other reasons. You may share your Imaging Reports with your medical provider or other third parties, however, you may not use or share your Imaging Videos or any component thereof for any commercial purpose. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Mediphany reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Mediphany, or the Services are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Mediphany’s computer systems, or the technical delivery systems of Mediphany providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Mediphany (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Mediphany (NOTE: scraping the Services without the prior consent of Mediphany is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services. For the avoidance of doubt, you are hereby permitted to use the Services only for your personal purposes and you agree that you will not willfully tamper with the security of the Services or tamper with any other user accounts related thereto; access data on the Services that is not intended for you; log into a server or account that you are not authorized to access; attempt to probe, scan or test the vulnerability of the Services or to breach the security or authentication measures without proper authorization; willfully render any part of the Services unusable; or, lease, distribute, license, sell or otherwise commercially exploit the Services.
The Terms will continue to apply until terminated by either you or Mediphany as follows.
You may end your legal agreement with Mediphany at any time for any reason by deactivating your account and discontinuing your use of the Services. In order to deactivate your account, please contact us at firstname.lastname@example.org. Deactivating your account will not relieve you of any payment obligations you have under separate agreement with Mediphany. Upon deletion or deactivation of your account, your User Content will not be visible to you. However, it may continue to exist elsewhere on our system where (i) immediate deletion is not possible due to technical limitations; or (ii) where immediate deletion would restrict our ability to investigate violations of these Terms or illegal activity, comply with applicable law or a request by a law enforcement or judicial authority. If you elected to purchase Imaging Storage Services, your video reports will remain available to you for the time periods described in Section 1(B).
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination, such as indemnification and limitations on liability.
Nothing in this section shall affect Mediphany’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
Please read this section carefully since it limits the liability of Mediphany and its stockholders, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Mediphany Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE MEDIPHANY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Mediphany Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Mediphany users, including without limitation, any advice, recommendations, treatment plans or other information provided by Medical Providers; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Mediphany Entities or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE MEDIPHANY ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF MEDIPHANY OR THE IMAGING EDUCATIONAL CONSULTANTS IN CONNECTION WITH THE SERVICES.
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Mediphany Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDIPHANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MEDIPHANY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MEDIPHANY, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MEDIPHANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Mediphany Entities, from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any images, reports, information or other User Content you transmit via the Services; (2) your failure to comply with the Terms, including without limitation, your obligations and representations provided in Sections 2 and 5; (3) your interactions with any other Mediphany user; (4) your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and (5) any activity in which you engage on or through the Services.
The failure of Mediphany to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the state of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Cuyahoga County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Mediphany related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
We may revise these Terms from time to time, the most current version will always be at mediphany.com. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at email@example.com or by telephone at (888) 699-2977.