Terms and Conditions

1. Acceptance of Terms

By accessing and using My AI Doctor app developed by Circadify L.L.C. ("the App"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with these terms, please do not use the App.

2. Health Data Collection and Usage

The App collects and processes health-related data through various sources:

• Apple HealthKit data integration
• User-provided health information
• Workout and activity data
• Diet and nutrition information
• Heart-related metrics

By using the App, you grant us permission to access, collect, and process this data in accordance with our Privacy Policy. We implement strict security measures to protect your health data and comply with all applicable health data protection regulations.

3. AI Analysis and Chatbot Services

Our App utilizes artificial intelligence and chatbot technology to analyze your health data and provide personalized recommendations. You understand and agree that:

• The AI analysis and recommendations are for informational purposes only and do not constitute medical advice
• You should consult with healthcare professionals before making any significant changes to your diet, exercise routine, or health management
• The accuracy of recommendations depends on the accuracy of the data you provide
• The AI system may be updated periodically to improve its analysis capabilities

4. User Account and Security

To use the App, you must create an account and maintain its security. You are responsible for:

• Providing accurate and complete registration information
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

5. Data Privacy and HealthKit Integration

Our App integrates with Apple HealthKit. We adhere to Apple's guidelines and requirements regarding HealthKit data:

• We only access health data that you explicitly authorize
• Your HealthKit data is never used for advertising or marketing purposes
• We do not sell or share your HealthKit data with third parties
• All health data is stored and transmitted securely

6. Data Security and Breach Protection

Circadify L.L.C. implements industry-standard security measures to protect your personal and health data. However, you acknowledge and agree that:

• No data transmission or storage system can be guaranteed to be 100% secure against sophisticated cyber attacks
• We utilize encryption, secure authentication protocols, and other security measures but cannot guarantee absolute security
• In the event of a data breach affecting your personal information, we will notify you in accordance with applicable laws
• You will not hold Circadify L.L.C. liable for data breaches or unauthorized access resulting from factors outside our reasonable control, including but not limited to sophisticated cyber attacks, vulnerabilities in third-party software or systems, or governmental actions
• Your sole remedy in the event of a data breach will be termination of your account and discontinuation of use of the App

While we maintain strict security protocols and regularly update our systems to protect against known vulnerabilities, you understand that we cannot be held responsible for criminal acts perpetrated by third parties that may compromise our systems despite our reasonable security measures.

7. Force Majeure and Extraordinary Events

Circadify L.L.C. shall not be held liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond its reasonable control, including but not limited to:

• Sophisticated cyber attacks by state-sponsored actors, criminal organizations, or malicious individuals
• Widespread internet outages, power failures, or telecommunications disruptions
• Natural disasters, pandemics, acts of terrorism, or other catastrophic events
• Governmental actions, regulations, or orders that prevent proper service operation
• Security vulnerabilities discovered in third-party services, frameworks, or libraries used by our systems

In the event our systems are compromised despite our security measures, you agree that Circadify L.L.C. cannot be held legally or financially responsible for any consequential damages, including but not limited to identity theft, financial loss, reputational damage, or any other harm that may result from unauthorized access to your data.

Your sole and exclusive remedy in such circumstances shall be termination of your account.

8. User Responsibilities

When using the App, you agree to:

• Provide accurate and truthful health information
• Not misuse or attempt to deceive the AI analysis system
• Use the App's recommendations responsibly and in conjunction with professional medical advice
• Report any technical issues or concerns promptly

9. Disclaimer of Warranties

The App is provided "as is" and "as available." We make no warranties regarding:

• The accuracy of AI-generated recommendations
• The availability or uninterrupted operation of the App
• The completeness or reliability of the analysis
• The suitability of recommendations for your specific health conditions

10. Limitation of Liability

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

• Your use or inability to use the App
• Any actions taken based on the App's recommendations
• Unauthorized access to your health data
• Technical issues or interruptions in service
• Any data breach or unauthorized access to our systems, regardless of our knowledge of potential vulnerabilities
• Any actions by third parties who obtain your data through illegal means, including hacking, phishing, or other malicious activities
• Any damages exceeding the amount paid by you, if any, for use of the App in the 12 months preceding the claim

To the maximum extent permitted by applicable law, Circadify L.L.C.'s total liability for any claims under these Terms, including for any implied warranties, shall not exceed the amount you paid us to use the App (if any) during the 12 months prior to bringing the claim.

You agree that the limitations of liability in these Terms are reasonable and reflect an appropriate allocation of risk between you and Circadify L.L.C. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

11. Modifications to Service

We reserve the right to:

• Modify or discontinue any part of the App
• Update the AI analysis system
• Change the fees associated with the App's services
• Modify these terms with notice to users

12. iOS App Store Requirements

For users accessing our My AI Doctor app through the Apple App Store:

• These terms and conditions are between you and Circadify L.L.C., not Apple
• The App license granted is limited to a non-transferable license to use the My AI Doctor app on Apple-branded products
• Apple has no obligation to provide maintenance or support services
• Apple is not responsible for addressing any claims relating to the My AI Doctor app or your possession/use of the App
• Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual property infringement claims
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country
• You agree to comply with all applicable third-party terms of agreement when using our App (e.g., you must not be in violation of your wireless data service terms)

13. HealthKit and Health Data Requirements

In compliance with Apple's HealthKit requirements for the My AI Doctor app:

• We do not use HealthKit data for advertising or data mining purposes
• We do not disclose HealthKit data to third parties without express user consent
• We do not sell any information gained through HealthKit
• We provide clear disclosure of how health data is used in the My AI Doctor app
• We maintain compliance with all applicable privacy laws regarding health data
• Users can revoke HealthKit permissions at any time through iOS settings

14. Subscription Services

If you choose to purchase a subscription for the My AI Doctor app through the App Store:

• Payment will be charged to your Apple ID account at confirmation of purchase
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Your account will be charged for renewal within 24-hours prior to the end of the current period
• You can manage and cancel your subscriptions by going to your account settings on the App Store
• No refund will be provided for the unused portion of any term

15. Indemnification

You agree to defend, indemnify, and hold harmless Circadify L.L.C., its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the App, including any data or content transmitted or received by you
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities
• Any misrepresentation made by you
• Any conduct, activity, or action which is unlawful, illegal, criminal, or tortious, or constitutes a tort or violation of the rights of any third party, in which you engage on or through the App

This defense and indemnification obligation will survive these Terms and your use of the App.

16. Class Action Waiver

YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST CIRCADIFY L.L.C. RELATED TO THE APP, AND WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST CIRCADIFY L.L.C.

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

17. Governing Law and Jurisdiction

These Terms and your use of the App are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Severability and Integration

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the entire agreement between you and Circadify L.L.C. with respect to the App and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

19. Assumption of Risk and Medical Disclaimer

You expressly acknowledge and agree that your use of the App, especially its AI features, involves inherent risks and uncertainties. You knowingly and voluntarily assume all risks associated with using the App, including but not limited to:

• Potential inaccuracies in AI-generated health insights
• Potential misinterpretation of health data
• Potential technical errors in the App's analysis algorithms
• The possibility that following suggestions from the App could lead to adverse health outcomes if not reviewed by a qualified healthcare professional

IMPORTANT MEDICAL DISCLAIMER: THE APP IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN IN THE APP.

20. Experimental Nature and Non-Medical Purpose

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APP, INCLUDING ALL AI FEATURES, CHATBOT INTERACTIONS, AND HEALTH INSIGHTS, IS PROVIDED PRIMARILY FOR ENTERTAINMENT, INFORMATIONAL, AND EXPERIMENTAL PURPOSES ONLY.

• The App uses experimental technology that is constantly evolving and should be viewed as a fun, interactive tool rather than a serious medical device or diagnostic tool
• The AI chatbot is NOT a licensed medical professional, has NOT attended medical school, and has NO medical qualifications whatsoever
• All information, suggestions, recommendations, insights, or feedback provided by the App or its AI components should be considered casual conversation rather than professional medical guidance
• Under no circumstances should you make health decisions, change medications, alter treatment plans, or modify your health behaviors solely based on information provided by the App
• Do not use the App as a replacement for emergency services - if you are experiencing a medical emergency, call your local emergency services (e.g., 911) immediately
• Health data analysis provided by the App is for curiosity and educational purposes only and should always be verified by qualified healthcare professionals
• The App may occasionally provide incorrect, incomplete, or misleading information due to the experimental nature of AI technology
• You should view the App's outputs with appropriate skepticism and never rely on them for actual medical decisions

By continuing to use the App, you confirm your understanding that the App is an experimental technology product being offered for informational and entertainment purposes, and you will not hold Circadify L.L.C. responsible for any health outcomes related to your use of or reliance on the App.

IF YOU REQUIRE MEDICAL ADVICE OR TREATMENT, CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL. THIS APP AND ITS AI FEATURES ARE NOT QUALIFIED TO REPLACE PROFESSIONAL HEALTHCARE SERVICES.

21. AI-Generated Content Waiver and Disclaimer

YOU EXPLICITLY ACKNOWLEDGE THAT THE APP UTILIZES ARTIFICIAL INTELLIGENCE TECHNOLOGY TO GENERATE CONTENT AND INSIGHTS, AND SUCH AI-GENERATED CONTENT HAS INHERENT LIMITATIONS AND RISKS:

• AI systems, including those used in this App, have been known to "hallucinate" or generate completely fabricated information that may sound plausible but is factually incorrect
• The AI may confidently present incorrect medical terminology, non-existent conditions, or imaginary treatments
• Our AI models have no real-time knowledge of current medical research, treatments, or protocols beyond their training data
• The AI system may occasionally generate responses that contradict established medical science
• The App is intended to be used for entertainment, fun exploration of health concepts, and as an interesting supplement to (never a replacement for) proper medical care
• You should treat all AI-generated content within the App with the same level of scrutiny you would apply to casual advice from a non-medical friend
• The interactive and conversational nature of the App is designed to make health exploration engaging and enjoyable, not to provide serious medical consultation

YOU AGREE THAT YOU WILL USE THE APP'S AI-GENERATED CONTENT WITH APPROPRIATE SKEPTICISM AND CAUTION, TREATING IT AS AN EXPERIMENTAL TECHNOLOGY TOY RATHER THAN A RELIABLE SOURCE OF MEDICAL INFORMATION. YOU FURTHER AGREE THAT CIRCADIFY L.L.C. BEARS NO RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON THE APP'S AI-GENERATED CONTENT.

22. Medical Image Analysis Limitations

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY IMAGE ANALYSIS FEATURES PROVIDED IN THE APP HAVE SEVERE LIMITATIONS AND SHOULD NEVER BE RELIED UPON FOR MEDICAL PURPOSES:

• Any capability to analyze photos, images, or visual content within the App is EXTREMELY LIMITED and FUNDAMENTALLY UNRELIABLE for medical purposes
• The App is NOT designed, intended, or approved to analyze medical images such as skin conditions, rashes, wounds, lesions, growths, or any other physical abnormalities
• The App CANNOT accurately identify medical conditions from images, regardless of image quality or clarity
• Any analysis, suggestion, or comment the App provides regarding uploaded images should be considered COMPLETELY SPECULATIVE and potentially DANGEROUSLY MISLEADING
• The App lacks the specialized training, certification, and regulatory approval required for legitimate medical image analysis
• Even if the App appears to identify a condition correctly, this should be treated as coincidental rather than indicative of actual diagnostic capability
• Image analysis in the App is primarily designed for non-medical uses such as food recognition, activity logging, or other lifestyle features
• ANY medical concern visible in an image requires IMMEDIATE consultation with a qualified healthcare provider in person

YOU AGREE TO NEVER USE ANY IMAGE ANALYSIS FEATURE IN THE APP FOR MEDICAL DIAGNOSIS, TREATMENT DECISIONS, OR TO DETERMINE WHETHER TO SEEK MEDICAL ATTENTION. CIRCADIFY L.L.C. EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY HARM RESULTING FROM USE OF THE APP'S IMAGE ANALYSIS FEATURES FOR MEDICAL PURPOSES.

23. Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Circadify L.L.C., except that:

• Our affiliates, service providers, and technology partners are third-party beneficiaries of these Terms and may enforce these Terms against you
• Apple is a third-party beneficiary of these Terms as they relate to your use of the App on iOS devices and may enforce these Terms against you

No other person or entity shall be a third-party beneficiary to these Terms or have any right to enforce any term of these Terms.

24. Data Retention and Deletion Policies

Circadify L.L.C. employs data minimization practices and maintains specific data retention and deletion policies to protect your information:

• We only retain personal and health data for as long as necessary to provide the App's services and as required by applicable laws and regulations
• We may anonymize your data rather than delete it, removing all personally identifying information while preserving non-identifiable data for statistical and analytical purposes
• Upon account deletion, we will delete or anonymize your personal data within 30 days, except where we are legally required to retain certain information
• We maintain backup systems for disaster recovery purposes which may retain deleted data for up to 90 days after deletion from active systems
• In the event of a security incident or if we reasonably believe your account has been compromised, we reserve the right to reset your account, delete potentially compromised data, or suspend access to the App pending our investigation
• Government requests for user data will be carefully scrutinized and we will object to requests that we determine to be improper or overly broad

We are not responsible for the retention, use, or privacy practices of third parties that may receive your information, including Apple and other service providers.

The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, data retention policies, and governing law provisions.

25. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Email: support@circadify.com
Developer Name: Circadify L.L.C.

Last Updated: March 2024