Terms and Conditions
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MEDXSMART LLC
Comprehensive Terms of Use, Privacy Policy,
Health Logs Policy, Medical Calculators Policy,
Payment Terms, HIPAA Notice, and User Consent
Legal document for MedXSmart accounts, subscriptions, calculators, health logs, and related Services
Effective Date: January 1st, 2026
Applies To: All MedXSmart accounts, connected profiles, organizations, subscriptions, health logs, medical calculators, and account-based Services
Purpose: Single comprehensive review draft combining core legal, privacy, health-data, payment, and platform-use terms into one document
By selecting "I Agree," creating an account, logging in, purchasing a plan, using any account-based feature, or continuing after being presented with this document, the user agrees to be bound by this entire document.
Important Notice
This document is drafted for MedXSmart LLC and is intended to function as a consolidated master legal document governing account creation, use of the Services, subscriptions, medical calculators, health logs, privacy practices, and related rights and obligations.
Nothing in this document constitutes legal, medical, clinical, mental health, psychiatric, financial, insurance, employment, school, disability, tax, regulatory, or professional advice to any user. MedXSmart does not provide legal advice and is not a law firm, healthcare provider, crisis service, or emergency response service.
To the fullest extent permitted by law, this document shall be interpreted to maximize enforceability and risk allocation in favor of MedXSmart LLC, while remaining subject to mandatory law that cannot lawfully be waived.
Acceptance and Future Features
By selecting "I Agree," creating an account, logging in, purchasing any paid plan, using any account-based feature, or continuing after being presented with this document, the user agrees to this document in full. If the user does not agree, the user must not create an account, purchase paid access, or use account-based Services.
This document applies not only to the current Services but also to future modules, integrations, calculators, health logs, dashboards, exports, paid plans, AI-assisted features, and other workflows later offered by MedXSmart, unless MedXSmart publishes separate terms for a specific offering.
Continued use of the Services after MedXSmart introduces new features or publishes updated terms constitutes acceptance of the then-current terms, policies, disclaimers, billing rules, and privacy practices applicable to those features, to the fullest extent permitted by law.
Website, Mobile App, and Device Coverage
The same MedXSmart legal terms, conditions, disclaimers, privacy rules, payment rules, consent terms, and other policies apply to use of the Services through the MedXSmart website, iOS app, Android app, tablet app, smartphone, iPad, browser, connected device, or any other current or future compatible MedXSmart application, interface, or access point, unless MedXSmart expressly posts separate supplemental terms for a specific feature or platform.
A user's acceptance of these terms at sign-up, account creation, purchase, log-in, or first required acceptance applies across all devices and platforms through which that user accesses MedXSmart, including later use on a phone, tablet, iPad, desktop, laptop, browser, or app, without the need for a separate acceptance each time unless MedXSmart requires it.
Use of MedXSmart through the Apple App Store, Google Play, or any other app marketplace may also be subject to the applicable store's end-user terms, billing rules, device rules, or platform requirements; however, as between MedXSmart and the user, these MedXSmart terms continue to govern the user's relationship with MedXSmart to the fullest extent permitted by law.
MedXSmart does not warrant that the Services or any app will be available, compatible, uninterrupted, secure, error-free, supported, or fully functional on every operating system, browser, device model, screen size, carrier, firmware version, region, app store, or hardware configuration. Users are responsible for maintaining compatible devices, software, connectivity, and access credentials.
Apple, Google, mobile carriers, device manufacturers, operating-system providers, and app marketplaces are not responsible for MedXSmart content, medical outputs, subscriptions, claims, maintenance, support, or dispute resolution except to the extent non-waivable law or platform rules require otherwise.
Definitions
"MedXSmart," "Company," "we," "us," and "our" mean MedXSmart LLC and its affiliates, successors, assigns, contractors, licensors, service providers, and authorized representatives, as applicable.
"Services" means the MedXSmart website, web portals, iOS applications, Android applications, tablet applications, smartphone applications, iPad-compatible experiences, dashboards, APIs, subscriptions, payment features, health logs, medical calculators, account features, exports, messaging tools, connected-device features, downloadable outputs, and related software, content, and functionality made available through any browser, mobile device, tablet, computer, or other compatible device or platform.
"User" means any individual or entity accessing or using the Services, including patients, caregivers, family members, parents, guardians, clinicians, healthcare workers, administrators, researchers, staff, organizations, and visitors.
"Health Logs" means any symptom, sign, wellness, medication, behavioral, nutrition, exercise, sleep, mood, menstrual, fertility, blood pressure, glucose, weight, temperature, pulse, oxygen, pain, bowel, hydration, mental-health, pediatric, geriatric, caregiver, home-monitoring, or similar tracking entry and related notes, photos, uploads, device-fed readings, trends, summaries, and metadata.
"Medical Calculators" means any score, formula, equation, questionnaire, screening tool, graph, interpretation, reference output, summary, risk estimate, severity band, or related result generated through the Services.
"Protected Health Information" or "PHI" has the meaning assigned under HIPAA when HIPAA applies.
"Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with an identified or identifiable person.
"Minor" means any individual under 18 years of age, or any higher age threshold required by applicable law.
Eligibility, Authority, and Accounts for Others
Users must be at least 18 years old and legally capable of entering into a binding agreement unless MedXSmart expressly permits a minor or dependent workflow through a parent, guardian, or other authorized representative process.
If a user creates, accesses, or manages an account or data for another person, the user represents and warrants that the user has all required authority, consent, and permission to do so and assumes full responsibility for those actions.
MedXSmart does not verify, monitor, or assume any duty to confirm a user's authority to act on behalf of another person, and MedXSmart may rely entirely on the user's representations without further investigation.
If a user accesses the Services on behalf of a clinic, practice, hospital, employer, or other organization, the user represents and warrants authority to bind that organization to this document, and that organization will be responsible for compliance.
Children, Minors, and COPPA
MedXSmart does not knowingly collect personal information from children under 13 in consumer workflows without verifiable parental consent where required by COPPA.
Children under 13 may not directly create consumer accounts. Where MedXSmart offers a minor or dependent workflow, that workflow must be created and managed by a parent, legal guardian, or other authorized representative through a MedXSmart-authorized process.
Parents or guardians may request access to, correction of, or deletion of a child's information by contacting MedXSmart using the privacy contact published by MedXSmart.
Users between 13 and 17 may use the Services only where permitted by MedXSmart and with the level of parental or guardian consent required by applicable law.
Scope of Services
MedXSmart provides educational, organizational, self-tracking, visit-preparation, and clinician-support tools. The Services may include health logs, medical calculators, dashboards, reports, reminders, exports, messaging tools, APIs, integrations, subscriptions, and related content.
The Services are provided on an "as is" and "as available" basis and may be changed, limited, expanded, updated, partially updated, not updated, suspended, or discontinued at any time, in whole or in part, with or without notice.
MedXSmart has no obligation to maintain or update any particular calculator, health log, guideline reference, interface, export, compatibility layer, AI feature, integration, or content item unless MedXSmart expressly agrees otherwise in writing.
Paid Features, Plans, Promotions, Auto-Renewal, Refunds, and Cancellation
MedXSmart may charge for some or all features, including subscriptions, premium logs, premium calculators, dashboards, reports, storage, API access, integrations, exports, support tiers, or one-time purchases.
The fact that some parts of the Services may be free at one time does not create any right to continued free access in the future. Prices, billing structures, plan names, included features, trial terms, renewal terms, and eligibility requirements may change at any time to the fullest extent permitted by law.
Coupons, discounts, credits, and promotions may reduce charges in some cases, but MedXSmart does not guarantee that any user will pay nothing, receive a coupon, keep free access, or continue at any discounted rate.
If a plan is offered as a recurring subscription, it renews automatically at the disclosed billing interval unless cancelled before the renewal date. By enrolling in a subscription, the user authorizes MedXSmart to charge the payment method on a recurring basis until cancellation.
Users may cancel through the cancellation method disclosed at checkout, in account settings, or through the applicable app store or payment processor. Cancellation generally stops future renewals but does not retroactively void charges already incurred unless required by law or expressly offered by MedXSmart.
Except where required by non-waivable law, app-store rules, or an express written MedXSmart offer, fees are non-refundable after a charge is validly processed. Refund and free-trial terms may vary by offering and may be limited or denied in cases involving abuse, fraud, repeated chargebacks, or substantial use inconsistent with the promotional terms.
No Medical Advice; No Diagnosis; No Treatment; No Emergency Use
MedXSmart does not practice medicine, nursing, pharmacy, psychology, counseling, therapy, coaching, psychiatry, or any other licensed profession through the Services.
The Services do not provide diagnosis, treatment, prescribing decisions, emergency triage, crisis response, suicide prevention response, or clearance for work, school, sports, disability, insurance, travel, legal, or governmental purposes.
Any score, flag, interpretation, summary, graph, trend, calculator output, or Health Log display generated through the Services is informational only and must not be treated as a substitute for clinical judgment, in-person evaluation, emergency assessment, or professional advice.
Do not use MedXSmart for emergencies. If a user believes that an emergency may exist, the user must call 911, contact local emergency services, contact an appropriate crisis line where relevant, or go to the nearest emergency department immediately.
Patient, Caregiver, Family, and Clinician Use
Patients, caregivers, parents, adult children, spouses, and other family members may use the Services for organization, education, communication support, and visit preparation. Even when used by patients or families, the Services are not a substitute for a licensed clinician's evaluation or decision-making.
If a clinician uses the Services, the clinician remains solely responsible for professional judgment, patient care, documentation, informed consent, ordering, prescribing, diagnosis, treatment, supervision, payer compliance, institutional compliance, and compliance with licensure and scope-of-practice rules.
MedXSmart does not assume a duty to review, validate, supervise, or correct clinician judgment, patient care, charting, workflow, or treatment decisions.
Certain features may fall within or near FDA clinical decision support or software-as-a-medical-device frameworks depending on their design and use. MedXSmart does not represent that every calculator or feature is cleared or approved by the FDA, and users remain responsible for determining whether a feature is suitable for a regulated clinical context.
AI, Automated Processing, and No Sole Reliance
MedXSmart may use software automation, rules engines, analytics, AI, or machine-assisted features to organize data, generate summaries, personalize interfaces, flag trends, support insights, detect misuse, or improve product performance.
AI-generated or algorithmic outputs are informational only and may contain errors, omissions, inaccuracies, or bias. Users must not rely on automated outputs as the sole basis for medical, legal, employment, insurance, disability, educational, financial, or governmental decisions.
Where applicable law grants a right to additional explanation, appeal, or human review of a covered automated decision, MedXSmart will provide the mechanisms legally required for those specific workflows.
Users may not use MedXSmart content, outputs, or proprietary workflows to train, fine-tune, benchmark, validate, or improve third-party AI or ML systems unless MedXSmart expressly permits it in writing.
No Relationship with MedXSmart
Use of the Services does not create a physician-patient, therapist-patient, pharmacist-patient, attorney-client, fiduciary, agency, employment, partnership, joint venture, or advisory relationship between any user and MedXSmart.
Communications through the Services do not create any duty for MedXSmart to monitor, intervene, warn, rescue, escalate, diagnose, treat, supervise, or provide follow-up care.
Account Registration, Credentials, and Security
Users must provide accurate, current, complete, and authorized registration information and must keep such information updated.
Users are responsible for maintaining the confidentiality of their usernames, passwords, authentication codes, device access, and account credentials, and for all activities occurring under their accounts.
Users must notify MedXSmart immediately of any suspected unauthorized access, credential compromise, account misuse, or security incident affecting an account.
Acceptable Use Restrictions
Users may not use the Services in any unlawful, harmful, deceptive, threatening, abusive, defamatory, harassing, discriminatory, fraudulent, or unauthorized manner.
Prohibited conduct includes uploading malware; probing or attacking security; scraping at scale; mirroring content; reverse engineering restricted functionality; bypassing rate limits; accessing another user's data without authorization; using bots except as expressly permitted in writing; submitting false or impersonated information; or using outputs as the sole basis for protected decisions.
Users may not commercially exploit, resell, bulk-export, or republish Service content or bulk calculator outputs except as expressly permitted by MedXSmart in writing.
User Inputs and User Content
Users remain solely responsible for all content they submit and represent that they have all rights, permissions, and authority needed to submit it.
Users must not upload content that infringes intellectual property, invades privacy, contains unlawful material, includes unauthorized third-party data, or violates any confidentiality obligation.
Users retain ownership of content they submit, but grant MedXSmart a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, format, transmit, display, back up, analyze, and otherwise use submitted content as reasonably necessary to provide, secure, support, improve, audit, and maintain the Services and to comply with legal obligations.
Medical Calculators and Health Logs Policy
Medical Calculators and Health Logs are educational, organizational, screening, self-tracking, visit-preparation, and clinician-support tools only. They are not guaranteed to be complete, current, accurate, validated for every population, or suitable for every clinical, reimbursement, legal, or personal decision.
Outputs depend on user inputs, units, timing, assumptions, device quality, imported data quality, and limitations in underlying formulas, references, literature, and connected systems.
A calculator score, risk estimate, severity band, graph, trend, reminder, interpretation, export, or log does not confirm a diagnosis, rule out disease, prove medical necessity, guarantee reimbursement, determine urgency, or create a duty for MedXSmart to intervene.
Health Logs may include highly sensitive health information, including medication, reproductive, menstrual, sexual health, behavioral health, mental health, substance use, and device-generated readings. By entering Health Log data, the user acknowledges that such data may be sensitive health information, personal information, and in some workflows PHI or electronic PHI.
MedXSmart does not provide continuous monitoring, nursing surveillance, suicide watch, fall prevention, medication supervision, chronic disease management, alarm response, or clinician escalation services through Health Logs.
MedXSmart does not promise that any calculator, graph, score, trend, reminder, export, or log will identify deterioration, prevent harm, avoid adverse outcomes, avoid emotional distress, or protect users from physical, mental, psychological, legal, regulatory, social, reputational, insurance, academic, employment, or financial consequences.
Intellectual Property
MedXSmart and its licensors own the Services, software, site design, branding, visual layout, calculator logic, code, databases, compilations, text, graphics, reports, documents, trademarks, service marks, and non-user content, except where otherwise stated.
Except for the limited right to use the Services as permitted by this document, no license or ownership right is granted to any user.
Users may not copy, reproduce, distribute, create derivative works from, commercially exploit, or republish Service content, trademarked materials, or bulk outputs except as expressly allowed by MedXSmart in writing.
Copyright complaints may be submitted to the MedXSmart designated copyright contact published by MedXSmart. A valid notice should identify the copyrighted work, the allegedly infringing material, location details, contact information, good-faith statement, accuracy statement, and signature.
Privacy Policy
This Privacy Policy describes how MedXSmart collects, uses, discloses, stores, retains, and protects personal information and consumer health data when users access or use MedXSmart websites, applications, calculators, health logs, portals, and related Services.
Separate notices, addenda, or agreements may apply to HIPAA-enabled workflows, enterprise customers, or app-store subscription environments.
Categories of Information Collected
MedXSmart may collect identifiers and contact information, such as name, email, phone number, mailing address, username, account ID, and organization name.
MedXSmart may collect internet and device data, such as IP address, browser type, operating system, device identifiers, language, time zone, pages viewed, clicks, referral URLs, crash logs, and usage events.
MedXSmart may collect account and transaction data, such as subscription status, invoices, payment status, coupon or discount use, purchase history, support history, and fraud-prevention signals.
MedXSmart may collect health-related data and consumer health data, including calculator inputs, health log entries, uploaded files, notes, symptoms, medications, menstrual or fertility data, sleep data, mood data, mental-health screening scores, connected-device readings, and related metadata.
MedXSmart may collect sensitive or special-category data where applicable, such as login credentials, certain health data, precise geolocation if collected with consent for a specific feature, and information related to minors where such workflows are enabled.
MedXSmart may collect professional information where relevant, such as clinician role, specialty, organization, NPI, or similar credentials if voluntarily submitted or provided in an enterprise workflow.
MedXSmart may collect communications and support data, including messages to support, survey responses, rights requests, accessibility requests, and complaint records.
Sources, Purposes, and Legal Bases
MedXSmart collects information directly from users, automatically from devices and browsers, from connected devices or third-party integrations authorized by the user, from enterprise customers, and from service providers assisting MedXSmart in operating the Services.
MedXSmart uses information to create and manage accounts, authenticate users, deliver requested features, generate outputs, process payments, communicate with users, detect fraud and misuse, improve the Services, comply with law, enforce rights, and create de-identified or aggregated analytics where permitted by law.
Where GDPR, UK GDPR, or similar regimes apply, MedXSmart may rely on one or more of the following legal bases: consent; performance of a contract; legitimate interests such as security, fraud prevention, and service improvement; compliance with legal obligations; and, in limited circumstances, protection of vital interests.
How Information Is Shared
MedXSmart may share information with affiliates and internal personnel on a need-to-know basis; hosting, infrastructure, analytics, communications, payment, support, security, and professional service providers acting under contract; enterprise customers controlling a workflow; recipients selected or authorized by the user; and legal, regulatory, corporate, or transactional counterparties where permitted or required by law.
MedXSmart does not sell personal health information for monetary consideration.
To the extent applicable law defines certain analytics, advertising, or cross-context behavioral advertising practices as a "sale" or "sharing," MedXSmart will provide any notices, consent tools, universal opt-out signals, or opt-out mechanisms required by law for the specific workflow and jurisdiction.
HIPAA, BAA, and Notice of Privacy Practices
Not all MedXSmart workflows are HIPAA-covered or HIPAA-enabled. Public, consumer, demo, educational, or non-clinical areas may not be intended for PHI or other highly sensitive data, and users must not submit PHI through any workflow not clearly identified by MedXSmart as intended for such use.
Where MedXSmart acts as a business associate for a covered entity under a signed BAA, MedXSmart will handle applicable PHI in accordance with that agreement and applicable law.
If MedXSmart operates a workflow that independently requires a HIPAA Notice of Privacy Practices, MedXSmart will provide the applicable notice for that role and workflow.
In HIPAA-enabled workflows, users may have rights regarding PHI, including rights of access, amendment, accounting of disclosures, restriction requests, confidential communications, and complaint rights, to the extent required by HIPAA and the applicable role of MedXSmart or the covered entity.
Cookies, Tracking Technologies, and Analytics
MedXSmart may use strictly necessary technologies for security, authentication, session persistence, and basic functionality; functional technologies to remember preferences; analytics technologies to measure usage and improve performance; and advertising or attribution technologies where permitted by law and where MedXSmart chooses to use them.
Where required by law, MedXSmart will request consent before placing non-essential cookies or enabling similar tracking technologies.
Users may manage cookie preferences through MedXSmart's consent banner, settings center, browser settings, device settings, or recognized privacy control signals where applicable.
Third-party analytics or telemetry providers may be used to understand usage, diagnose issues, and improve the Services, subject to MedXSmart's contracts and live disclosures.
Retention, Security, and Breach Notification
MedXSmart retains personal information and health data for as long as reasonably necessary for account administration, billing, security, legal compliance, backups, fraud prevention, dispute resolution, analytics, enterprise obligations, and operational continuity.
Deleted data may remain in backups, archives, logs, legal holds, disaster-recovery systems, and security records for a period of time.
MedXSmart uses reasonable administrative, technical, and physical safeguards designed to protect information appropriate to the nature of the Services and the information involved, including access controls, logging, monitoring, incident-response procedures, and encryption where appropriate.
No system is completely secure. Users accept the inherent risks associated with software, hardware, networks, devices, internet transmission, cloud infrastructure, third-party providers, and human error.
Where HIPAA or other health-data laws apply, MedXSmart will follow the breach-notification timing and content rules applicable to the specific workflow and legal regime. Where non-HIPAA state or federal breach laws apply, MedXSmart will provide notice as required by those laws.
Privacy Rights, U.S. State Rights, and International Users
Depending on the user's jurisdiction and MedXSmart's legal role, users may have rights to access, correct, delete, port, restrict, object, appeal, opt out of targeted advertising, opt out of sale or sharing, limit certain sensitive-data uses, or receive additional disclosures.
California residents may have rights under the CCPA/CPRA, including rights to know, correct, delete, opt out of sale or sharing, and limit certain sensitive-data uses. Colorado, Virginia, Connecticut, Texas, Nevada, Washington, and other jurisdictions may provide comparable rights and appeal procedures.
Washington's My Health My Data Act and similar consumer-health-data laws may apply to certain workflows even when HIPAA does not apply. For covered workflows, MedXSmart will provide any additional consumer health data disclosures, authorizations, and withdrawal mechanisms required by law.
MedXSmart primarily operates in the United States but may make Services available to users in other jurisdictions. Personal information may be processed in the United States or other countries that may not provide the same legal protections as the user's home jurisdiction.
Where required for transfers from the EEA, UK, or Switzerland, MedXSmart may rely on Standard Contractual Clauses, the UK International Data Transfer Addendum, or other lawful transfer mechanisms.
Accessibility
MedXSmart intends to provide a website and app experience that is usable by as many people as reasonably possible and to work toward accessibility practices aligned with recognized standards such as WCAG 2.2 AA, as appropriate to MedXSmart's products and resources.
Users who encounter accessibility barriers or require accommodation should contact MedXSmart using the accessibility contact published by MedXSmart.
This accessibility commitment does not create a warranty that every feature is fully accessible in every environment, browser, assistive-technology configuration, or device at all times.
Third-Party Content, Links, and Integrations
The Services may reference or integrate with third-party devices, APIs, EHRs, cloud services, app stores, payment services, analytics tools, email vendors, SMS vendors, or external websites.
MedXSmart does not control and is not responsible for third-party availability, security, legality, compatibility, content, or performance. Users assume the risks associated with third-party integrations, imports, exports, and connected tools.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS.
MEDXSMART DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, UPTIME, RESULTS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, SECURITY, ERROR-FREE OPERATION, AND FREEDOM FROM HARMFUL COMPONENTS.
MEDXSMART DOES NOT WARRANT THAT THE SERVICES, MEDICAL CALCULATORS, HEALTH LOGS, ALERTS, EXPORTS, REPORTS, SUBSCRIPTIONS, PAYMENT SYSTEMS, OR OUTPUTS WILL PREVENT HARM, IMPROVE OUTCOMES, AVOID LOSSES, SATISFY REGULATORY EXPECTATIONS, OR ELIMINATE LEGAL, CLINICAL, OPERATIONAL, SOCIAL, EMOTIONAL, PHYSICAL, MENTAL, PSYCHOLOGICAL, REPUTATIONAL, OR FINANCIAL RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDXSMART AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, OPPORTUNITY, USE, OR ACCESS.
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDXSMART SHALL NOT BE LIABLE FOR PHYSICAL, EMOTIONAL, MENTAL, PSYCHOLOGICAL, SOCIAL, REGULATORY, REPUTATIONAL, OR FINANCIAL HARM ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING ANY HEALTH LOG, MEDICAL CALCULATOR, OUTPUT, OMISSION, PAID FEATURE, SUBSCRIPTION, NON-UPDATE, OR INTEGRATION ISSUE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDXSMART'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY THE USER TO MEDXSMART IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.
Nothing in this document excludes liability to the extent such exclusion is prohibited by non-waivable law.
User Indemnification
To the fullest extent permitted by law, the user and, where applicable, the organization on whose behalf the user acts shall defend, indemnify, and hold harmless MedXSmart and its affiliates, owners, managers, directors, officers, employees, contractors, licensors, service providers, successors, and assigns from and against claims, actions, investigations, proceedings, liabilities, judgments, settlements, losses, damages, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to misuse of the Services, submitted content, payment disputes, violations of law, unauthorized use of another person's data, privacy breaches caused by the user, or decisions made based on Service outputs.
This indemnification obligation survives termination of the user's account and use of the Services.
Suspension, Termination, Governing Law, and Dispute Resolution
MedXSmart may suspend, restrict, or terminate any account or access at any time, with or without notice, for security reasons, suspected misuse, inactivity, nonpayment, chargebacks, policy violations, legal risk, or business reasons.
Except to the extent superseded by mandatory law, this document is governed by the laws of the State of Maryland without regard to conflict-of-law rules.
Before initiating formal dispute resolution, the user agrees to contact MedXSmart using the legal contact published by MedXSmart and allow at least 30 days for informal resolution.
To the fullest extent permitted by law, disputes not resolved informally shall be resolved by binding individual arbitration under the American Arbitration Association Consumer or Commercial Arbitration Rules, as applicable, in Maryland, except that either party may bring an individual action in small claims court if eligible, and MedXSmart may seek injunctive relief in court for misuse, data theft, confidentiality breaches, payment abuse, or intellectual property violations.
Users may opt out of arbitration and class-action waiver by sending written notice to MedXSmart within 30 days after first agreeing to this document using the opt-out method published by MedXSmart.
Any claim arising out of or related to the Services must be brought within one year after the claim arose, unless a longer period is required by non-waivable law.
Miscellaneous and Contact Information
If any provision of this document is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law, and the invalid provision shall be interpreted as narrowly as necessary to preserve maximum enforceability.
Any failure or delay by MedXSmart in enforcing any right does not waive that right.
Users may not assign this document without MedXSmart's prior written consent. MedXSmart may assign this document freely in connection with a merger, financing, restructuring, sale, or other business transaction.
This document, together with any incorporated policies, notices, and applicable supplemental terms, constitutes the entire agreement between the user and MedXSmart regarding the Services.
General, legal, privacy, billing, copyright, accessibility, and arbitration-opt-out inquiries should be directed to the contact methods published by MedXSmart before deployment.
Publication Contact Block (Complete Before Deployment)
General Inquiries: admin@medxsmart.com
Final Acceptance Statement
By selecting "I Agree," creating an account, logging in, purchasing a plan, using any account-based feature, or continuing after being presented with this document, the user acknowledges that the user has read, understood, and agreed to be bound by this document, the Privacy Policy, and all incorporated terms. If the user does not agree, the user must not create an account, purchase paid access, or use account-based Services.