Terms of Service

Last updated: December 25, 2024

Welcome to RAD Sherpa. These Terms of Service ("Terms") govern your access to and use of our AI-powered diagnostic services, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

These Services are intended for use by licensed healthcare professionals and authorized healthcare institutions. By using our Services, you represent and warrant that you are a qualified healthcare professional or an authorized representative of a healthcare institution.

2. Description of Services

RAD Sherpa provides AI-powered diagnostic assistance tools for medical imaging analysis, including but not limited to:

  • Bone age assessment
  • Wrist and arm fracture detection
  • Mammography analysis
  • Carotid doppler ultrasound analysis
  • Fetal ultrasound analysis
  • Coronary calcium scoring

Important Notice:

Our AI diagnostic tools are designed to assist healthcare professionals in their clinical decision-making process. They are not intended to replace professional medical judgment, diagnosis, or treatment. All AI-generated results must be reviewed and validated by qualified healthcare professionals before clinical use.

3. User Responsibilities

As a user of our Services, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security and confidentiality of your account credentials
  • Use the Services only for lawful purposes and in accordance with these Terms
  • Comply with all applicable healthcare laws and regulations, including HIPAA
  • Exercise independent professional judgment and not rely solely on AI-generated results
  • Properly de-identify patient data when required
  • Notify us immediately of any unauthorized access to your account
  • Not attempt to reverse engineer, decompile, or extract source code from our Services

4. Medical Disclaimer

IMPORTANT: READ CAREFULLY

The AI diagnostic tools provided by RAD Sherpa are assistive technologies designed for use by qualified healthcare professionals. They do not constitute medical advice and should not be used as the sole basis for medical decisions.

  • All AI-generated results must be independently verified by licensed healthcare professionals
  • Our Services are not FDA-cleared as standalone diagnostic devices
  • Results may contain errors or inaccuracies and should be used in conjunction with clinical judgment
  • RAD Sherpa does not provide medical advice, diagnosis, or treatment recommendations
  • Healthcare professionals are solely responsible for all clinical decisions and patient care

5. Data Use and Privacy

Your use of our Services is also governed by our Privacy Policy. We are committed to HIPAA compliance and protecting the security and confidentiality of medical information.

By using our Services, you grant us the right to:

  • Process and analyze uploaded medical imaging data solely for the purpose of providing our Services
  • Use de-identified data to improve and train our AI models, subject to applicable regulations
  • Store data in accordance with our data retention policies and legal requirements

You represent and warrant that you have obtained all necessary consents and authorizations to upload and process patient data through our Services.

6. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to software, algorithms, text, graphics, logos, and trademarks, are owned by RAD Sherpa or its licensors and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our Services for your professional healthcare purposes. You may not:

  • Copy, modify, or create derivative works of our Services
  • Reverse engineer or attempt to extract source code
  • Sell, rent, lease, or sublicense access to our Services
  • Remove or alter any proprietary notices or labels

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAD SHERPA 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, GOODWILL, OR OTHER INTANGIBLE LOSSES.

RAD Sherpa provides the Services "as is" and "as available" without warranties of any kind. We do not warrant that the Services will be error-free, uninterrupted, or free from harmful components.

Healthcare professionals are solely responsible for all clinical decisions, patient care, and medical outcomes. RAD Sherpa shall not be liable for any medical errors, misdiagnoses, or adverse patient outcomes.

8. Indemnification

You agree to indemnify, defend, and hold harmless RAD Sherpa and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Any medical decisions or patient care based on your use of our Services
  • Infringement of any third-party rights

9. Termination

We may terminate or suspend your access to our Services at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and applicable state laws, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Legal Department

legal@radsherpa.com

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