Your.MD Symptom Checker Terms of Service for VHI
(v.1 April 2019)
WELCOME TO YOUR.MD
Your.MD is a trademark of YOUR.MD AS, incorporated and registered in Norway with company number 999260993 whose registered office is at c/o Advokatfirmaet Simonsen Vogt Wiig AS, Filipstad Brygge 1 , 0252 Oslo, Norway and it is offering the Your.MD Symptom Checker (hereinafter referred to as: “Symptom Checker’’, “chatbot”) via its subsidiary Your.MD Limited, incorporated and registered in UK with company number 08727263 whose registered office is at this day at 5th Floor, 43 Whitfield Street, London, W1T 4HD, UK (''Your.MD'', 'we'', ''us'').
We have developed the Symptom Checker - chatbot, providing symptom checking services for Vhi Health Assistant app users (hereinafter referred to as “users”, “you”). The Symptom Checker is embedded to the Vhi Health Assistant app (hereinafter referred to as: “Vhi app”) through Your.MD API. Vhi app is developed by VHI Insurance DAC trading as Vhi Insurance, a company incorporated and registered in Ireland under Company No. 527606, having its registered office at VHI House, Lower Abbey Street, Dublin 1, Ireland (hereinafter referred as: “Vhi”).
These Your.MD Symptom Checker Terms of Service (hereinafter referred to as: “Terms of Service”) and any documents referred to within it (collectively, the ''Terms'') govern your use of the Symptom Checker and your relationship with us. It is important that you read and understand the Terms before you start using our service. If there is anything that you do not understand, please contact us at email@example.com, subject: Vhi Health Assistant app, to discuss what this means for you.
If you do not agree to these Terms you should not use our service. You must be at least 16 years or older and capable in your country of residence of entering into a legal binding agreement to use our service in your country of residence.
By using our health chatbot you are able to check symptoms, ask any question, search for health information or just type in a health query. Whilst we are trying our best to help you with providing useful information, please bear in mind that our Symptom Checker is only a bot and not a human doctor therefore not a substitute for professional medical advice, diagnosis, therapy or treatment. If you think you may have a medical emergency, call your doctor or the emergency services immediately.
The bot calculates the likelihood of possible health conditions based on reported symptoms and basic info (gender, age). After inserting your symptoms, the chatbot will ask you additional questions to help search for the possible conditions that match your reported symptoms. It will present you with different likely conditions and assess the seriousness of such conditions. It does this using the best mathematical approach to simulate the thought process of a doctor. The bot may present more than one possible condition. It will share its findings with you via chat. If based on your reported symptoms our bot calculates that a possible cause is worrying, it will assess the need to visit a doctor within 24 or 48 hours without presenting a possible condition. As no bot can be a substitute for a human doctor, it may not be able to calculate any possible condition. In such case, we will use the information we have received from you to improve our Services.
In cases when the bot assesses the likelihood of you having a condition you will be presented with a short description of that condition. You can also click on “READ MORE” for additional information. By clicking “READ MORE” you will be redirected to the Health A-Z available at Your.MD website (our “Site”). Your usage of our Site and the Health A-Z will be governed by Your.MD Terms of Service. Within the Health A-Z you will be able to get more information about specific condition such as symptoms, causes, diagnosing, treating and complications.
While our bot strives to give you the best possible information it cannot consider all factors that your doctor can such as medical and family history, physical examination, tests etc. The medical conditions it calculates based on what you report are merely possible conditions and they do not mean that you have any of these conditions or that you do not have any other worrying conditions, which it did not manage to calculate due to the limited information it uses. You should always consult your doctor before acting on any of the information our bot gives you.
Health tests enable you to test your health knowledge with "Quizzes" (such as first aid, sexual health etc.), check your own health using "Self-Assessments" and calculate your BMI" (Body Mass Index) using “BMI Calculator”. The tests are intended for educational and informational purposes only.
USE OF OUR SYMPTOM CHECKER
We hope you'll enjoy using our Symptom Checker. We're constantly trying to improve so if you have any comments, suggestions or recommendations, please send us an email to firstname.lastname@example.org, subject: Vhi Health Assistant app.
SYMPTOM CHECKER IS AN AI SOFTWARE AND NOT A PHYSICAL MEDICAL DEVICE. OUR SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THEY DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, DIAGNOSIS OR TREATMENT, NEITHER INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR CHECKER DOES NOT SUBSTITUTE YOUR REGULAR DOCTOR, GP, DIAGNOSIS, A FACE-TO-FACE EXAMINATION AND/OR SESSION BY A LICENSED QUALIFIED PROFESSIONAL.
You should never rely on or make health or well-being decisions which are based on information provided by our Checker. Furthermore, you should always seek advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional, by face-to-face appointment, because of information or advice you received through the Checker. You agree, confirm and acknowledge that although our Checker may provide useful information, we cannot assess whether its use is right and suitable for your needs.
You agree, confirm and acknowledge that the information provided by our bot, will in either case be based on the information that you have provided to us via the Checker. It is your responsibility to ensure this information is correct and complete and you accept that any failure to do so (whether intentionally or not) may affect the information we can give to you and may have consequences for which we are not responsible.
THE SYMPTOM CHECKER DOES NOT DIAGNOSE HEALTH CONDITIONS OR PRESCRIBE HOW YOU SHOULD TREAT ANY HEALTH CONDITION YOU MAY HAVE. This should only be done with the help of a health professional (such as a registered doctor). You are ultimately responsible for deciding whether to contact a health professional and/or seek medical advice about any health concerns that you have shared with our bot. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF THE INFORMATION PROVIDED BY OUR BOT. OUR BOT CAN NOT BE USED FOR INFORMATION ABOUT BABIES, CHILDREN UNDER THE AGE OF 16, PREGNANT WOMEN, PEOPLE ON IMMUNOSUPPRESSIVE TREATMENT AND PEOPLE WITH LONG TERM CONDITIONS SUCH AS, BUT NOT LIMITED TO DIABETES.
email@example.com and firstname.lastname@example.org emails are not intended for inquiries about your health, medical problems or medical questions. You can send us any other question about our services including your comments and suggestions for improvements. If we receive an email that includes questions about your health, medical problems and/or conditions/symptoms you will receive a standard auto-reply informing you that we do not provide this type of information via email and that you should always consult a medical professional in such cases.
YOUR OBLIGATIONS. You hereby confirm and agree: (a) that you have read and understood these Terms; (b) that you will use our Symptom Checker only in accordance with these terms; (c) that you are at least 16 years old of age; (d) that you are legally able to enter into a contract; (e) that all the information that you provided in or through the bot is accurate, true, current and complete; f) that you will notify us immediately about any unauthorised use of your Account or any other concern about a breach of the security; (g) that your use of our Symptom Checker is for personal use only, all in accordance with these Terms; (h) that you are solely and fully liable and responsible for any activities or omissions that are made by or due to using our chatbot; i) that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss; (j) that you will not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and your relationship with us.
Except to the extent as expressly stated to the contrary herein, your right to use the Symptom Checker is personal to you and you are not allowed to give this right to another person or sell it to another person. Your right to use the Services does not stop us from giving other people the right to use the Services. As part of our Symptom Checker, we allow you to download our Services for use on your computer device or Site for the sole purpose of accessing and using our chatbot in accordance with these terms and we grant you a non-exclusive, personal, non-transferable licence for this sole purpose.
Other than as allowed in these terms you are not given a right to use the "Symptom Checker’’, "Your.MD", ''DOT'', ''Mediterm'', ''AIMed'' names or any of the "Your.MD" names, trademarks, logos, domain names and other distinctive brand features. You agree that all confidential information, copyright and other intellectual property rights in our Services or any portion of the Services belong to us or the people who have licenced us to use those rights. You agree that you have no rights in or to our Services or any portion of the Services other than the right to use them in accordance with these Terms. The materials and content comprising the Services belong to us or the people who have licensed them to us and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms.
Unless allowed by these terms and as permitted by the functionality of the Service, you agree not to:(a) copy our Symptom Checker or any portion of the Services; (b) give or sell or otherwise make available the Symptom Checker or any portion of the Services to anybody else (c) not to change our Symptom Checker or any portion of the Services in any way, (d) look for or access the code of our bot or any portion of the Services that we have not expressly published publicly for general use.
When using our Services you agree not to (a) circumvent, disable or otherwise interfere with any security related features of the Services or features that prevent or restrict use or copying of the content accessible via the Services; (b) permit another person to use the Services; (c) use the Services if we have suspended or banned you from using it; (d) engage in any illegal or unlawful conduct; (e) modify, interfere, intercept, disrupt or hack the Services, our servers, network or infrastructure; (f) misuse the Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Services or any user of the Service's own equipment; (g) collect any data from the Services other than in accordance with these Terms of Services; (h) submit or contribute any information or commentary about another person without that person's permission (i) misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment; (j) collect any data from the Service other than in accordance with these Terms of Service; (k) submit or contribute any information or commentary about another person without that person's permission. Our Services are apps embedded on different operating systems. You agree not to use our Services in any other way than through our unmodified official client software (Vhi app).
The Services contain other content, products or services which are offered or provided by third parties and links to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
Failure to comply with any of the requirements of these Terms constitutes a serious breach and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use our Services; (b) issuing of a warning to you; (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. These actions are not limited and we may take any other action we reasonably deem appropriate.
We are constantly updating and improving the Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Services. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Services, or feature relating to the Services. These changes to the Services may affect your past activities on the Services and the features that you use. Any changes to the Services could involve your Services elements being deleted or reset.
We make the Symptom Checker and our Website available for access using internet infrastructure but are not responsible for the infrastructure ourselves. If you wish to use our Services, you should ensure that you have an internet-enabled device and a sufficient internet connection available.
THIRD PARTY PROVIDERS
We cannot provide all services necessary for the successful operation of our Services by ourselves. We therefore use various providers for the purposes of offering the Services to you and improve your user experience.
Zendesk. We use Zendesk ® as a support ticketing system which enables Your.MD employees who respond to your emails to streamline communications in a single ticket, all within an organised workflow.
Your.md’s managing projects, hosting and building softwares, cloud storage
Your.MD’s internal and external communications
We use different third party providers for internal and external communications:
OUR LIABILITY AND DISCLAIMER OF WARRANTIES
You hereby agree, confirm and acknowledge that our Symptom Checker, Services and any information provided to you, whether written, stated or implied, especially including the most likely medical condition are for information purposes only. Our Services and information therein are provided ''AS IS'' with all fault and without warranty of any kind, therefore you will have no claim and demand against us. We do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. The use of our Services is at your sole risk. You should never rely on or make health or well-being decisions which are based on information provided by our Symptom Checker and/or Services without first consulting a doctor or other appropriate health professional.
Some jurisdictions do not allow the exclusion of, or limitations on, implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
To the fullest extent permissible by applicable law, in no event shall Your.MD, its subsidiaries or its affiliates be liable to you for any damages that are not foreseeable or, even if foreseeable, not directly related to our breach of these Terms or our negligence, neither any personal injury, damage, lost profits, lost revenues, cost of substitute services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to our Services, including any information provided to you or lack of those in connection with the Services or any action or inaction by you resulting from the information we have or have failed to provide to you, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Your.MD has been advised of the possibility of such damage. In no event will we be liable to you resulting from your interaction with any third party or third party technology in connection with our Services.
Some jurisdictions do not allow a limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts, or violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law if you are using our Services in England.
Subject to this section, our total liability for all losses you suffer arising from or in connection with the use of our Services shall be no greater than the amount paid by you for the use of our Services.
You agree to defend, indemnify, and hold harmless Your.MD and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from your use or misuse of our Services, violation of these Terms or violation of any rights of a third party. Your.MD reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. You agree that a breach of this these Terms will cause irreparable injury to Your.MD for which monetary damages would not be an adequate remedy and Your.MD shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
ENDING OUR RELATIONSHIP
If at any time, you do not feel that you can agree to these Terms or any changes made to the Terms, you must immediately stop using the Services. We may immediately end your use of the Services if you breach these Terms or applicable legislation. We may also withdraw the Services at any time, if we give you reasonable notice that we plan to do this. If you or we end your use of the Services or we withdraw the Services as described in this section, we may delete any information we hold about you. You will also lose any rights you have to use the Services or access our content. We will not offer you compensation for any losses.
THIRD PARTY TECHNOLOGY
Our Services include open source third party technologies (licenses) stated as can be seen from the source code.
We will occasionally update this Terms as necessary to protect our users, furnish current information and respond to legal and technical changes. Because we are constantly adding new services and features, we might not make an immediate upgrade of the Terms, unless in case of material changes to our practices. The most current version of the Terms will govern your use of our Services and it is available at Your.MD Symptom Checker Terms of Service for Vhi. Because we do not store your profile data you will need to consent to the most recent version of the Terms each time you use the Services.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms shall continue in full force and effect. The original version of these Terms is written in English. Any translation into any other language is done for local requirements and in the event of a dispute, inconsistency or discrepancy between English and any non-English versions, the English version shall govern, to the extent not prohibited by local law in your jurisdiction.
These Terms and all disputes or controversies arising out of or relating to these terms shall be governed by, and construed in accordance with, UK law, if you use the Services in the EU, excluding its conflict of laws rules, or in accordance with the laws of the State of California, excluding its conflict of laws rules, if you use the Services anywhere else in the world.
**We value hearing from our users, and are always interested in learning about ways we can improve the Services. You are always welcome to send us any comments to: email@example.com.
Your.MD Matteo Berlucchi, CEO