Terms of Service
Effective Date: 1/8/25
Section 1: Introduction
Welcome to Curanostics
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("User" or "you") and Curanostics, Inc. ("Curanostics," "we," "us," or "our"). By accessing, registering for, or using any of our services, websites, applications, or related products (collectively, the "Services"), you agree to be bound by these Terms, as well as any applicable laws, rules, and regulations governing the use of health and medical data.
Curanostics is committed to leveraging technology and innovation to provide personalized health insights while maintaining the highest standards of security, privacy, and compliance with applicable laws, including the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR), and similar international standards.
Purpose of the Services
Curanostics provides tools and platforms for health data analysis, insights, and management. These Services may include, but are not limited to:
- Accessing and integrating medical records.
- Providing personalized health insights based on user-provided or retrieved data.
- Enabling features for monitoring and improving health outcomes.
The Services are not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of a licensed healthcare provider for medical concerns.
Acceptance of the Terms
By using our Services, you confirm that you:
- Have read and understood these Terms in their entirety.
- Are legally capable of entering into a binding agreement in your jurisdiction.
- Are at least 18 years old or the age of majority in your jurisdiction, whichever is greater.
If you do not agree to these Terms, you must immediately discontinue use of the Services.
Updates to the Terms
Curanostics reserves the right to modify these Terms at any time to reflect changes in legal requirements, our business practices, or our Services. Changes will be effective immediately upon posting unless otherwise specified. Continued use of the Services after any updates constitutes your acceptance of the revised Terms.
Section 2: User Responsibilities
User Obligations
By using the Services, you agree to:
- Provide Accurate Information
You must provide accurate, current, and complete information during registration and whenever prompted by the Services. Misrepresentation of information may lead to suspension or termination of your access.
- Maintain Confidentiality
You are responsible for safeguarding your account credentials, including your username, password, and any authentication tools provided by Curanostics. You must notify us immediately of any unauthorized access or use of your account.
- Comply with Applicable Laws
You agree to use the Services in compliance with all local, state, national, and international laws, regulations, and ordinances, including those related to the collection and use of health data.
- Respect Platform Integrity
You must not:
- Use the Services for any unlawful purpose.
- Attempt to disrupt or harm the functionality of the Services through hacking, reverse engineering, or introducing malicious software.
- Use automated tools to interact with the platform unless explicitly authorized.
Prohibited Uses
The following activities are strictly prohibited:
- Unauthorized Data Access
Accessing or attempting to access data that does not belong to you without proper authorization.
- Commercial Exploitation
Using the Services to market, distribute, or sell unauthorized products or services.
- Violation of Intellectual Property
Copying, distributing, or modifying any portion of the Services or their associated intellectual property without written consent from Curanostics.
- Sharing Confidential Features
Disclosing details about beta features, proprietary algorithms, or other confidential aspects of the Services to unauthorized third parties.
User Accountability
You are solely responsible for:
- Actions Taken Using Your Account
Any activity that occurs under your account is your responsibility, whether authorized by you or not.
- Third-Party Data Shared
If you provide data about third parties (e.g., a family member's medical history), you confirm you have their consent to share that information with us.
Section 3: Ownership and Feedback
Ownership of Intellectual Property
- Platform and Services
All content, features, and functionalities of the Services—including but not limited to software, code, text, graphics, logos, designs, and trademarks—are the sole property of Curanostics or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes.
- Proprietary Rights
You acknowledge that Curanostics retains all rights, title, and interest in and to the Services, including any improvements, updates, or modifications made to the platform.
User Contributions and Feedback
- Ownership of Feedback and Inputs
By submitting feedback, suggestions, ideas, or other contributions ("Feedback") to Curanostics, you agree that:
- The Feedback becomes the sole property of Curanostics.
- Curanostics may use, reproduce, modify, and distribute the Feedback for any purpose, commercial or otherwise, without obligation to the user.
- You waive any rights to compensation or acknowledgment related to the Feedback.
- Accuracy of Shared Data
You represent and warrant that any data or content you provide as part of the Services, including health-related information, is accurate, lawful, and does not infringe on any third-party rights.
Feedback Disclaimer
You acknowledge and agree that providing Feedback is voluntary, and any information shared is non-confidential. Curanostics reserves the right to determine whether or how to use such Feedback.
Section 4: Release and Consent Agreement
Authorization to Access Medical Records
By using Curanostics Services, you, the undersigned, authorize Curanostics to securely access and retrieve your medical records on your behalf. This authorization is granted for the sole purpose of enabling features and functionalities within the Services, including but not limited to providing personalized health insights and analysis.
- Scope of Authorization
- Curanostics will only retrieve records you explicitly authorize and consent to share.
- This consent may include records from healthcare providers, diagnostic laboratories, or other authorized third parties.
- Data Privacy and Security
- Curanostics will handle your medical records in compliance with all applicable laws, including but not limited to:
- The Health Insurance Portability and Accountability Act (HIPAA).
- The General Data Protection Regulation (GDPR) for international users.
- Your data will only be accessed and used for purposes strictly necessary for the functionality of the Services.
- Voluntary Participation
- Participation in any feature requiring medical record access is entirely voluntary.
- You may revoke this authorization at any time by contacting Curanostics' support team.
Non-Disclosure Agreement (NDA) for Beta Features
- Confidentiality Obligations
- You agree not to disclose, discuss, or share details about the beta features, your experiences, or any related information with anyone outside of Curanostics without prior written approval.
- All beta-related communications are considered confidential and proprietary to Curanostics.
- Acknowledgment of Participation
- By certifying this section, you acknowledge that your participation in the beta program is voluntary and at your discretion.
- You further understand that the beta program is designed for testing purposes and may not reflect the final version of the Services.
- Feedback Contributions
- Any feedback, suggestions, or ideas shared during the beta program are subject to the "Ownership of Feedback" terms outlined in Section 3.
Acknowledgment of Consent
By agreeing to this Release and Consent Agreement, you affirm that:
- You have read and understood the terms outlined above.
- You voluntarily grant Curanostics permission to access and use your medical records for the specified purposes.
- You release Curanostics from any liability arising from the authorized use of your medical records, provided such use complies with applicable laws and this agreement.
Section 5: Liability and Indemnification
Limitation of Liability
To the fullest extent permitted by law, Curanostics and its officers, directors, employees, agents, licensors, or affiliates shall not be liable for any damages arising out of or related to your use of, or inability to use, the Services. This includes, but is not limited to:
- Direct or Indirect Damages
- Loss of data, revenue, profits, or business opportunities.
- Damages resulting from errors, omissions, interruptions, defects, delays, viruses, or failures in the Services.
- Health-Related Outcomes
- Any medical decisions, outcomes, or actions taken based on insights or recommendations provided by the Services. The Services are intended for informational purposes only and are not a substitute for professional medical advice.
In jurisdictions where exclusions of liability are not allowed, Curanostics’ liability will be limited to the maximum extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Curanostics, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney's fees, arising out of or related to:
- Your Use of the Services
Misuse of the Services or violation of these Terms.
- Breach of Obligations
Breach of any warranties or representations made by you under these Terms.
- Third-Party Data
Claims arising from data you provide to Curanostics about third parties without proper consent.
Disclaimer of Warranties
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:
- Fitness for a Particular Purpose
Curanostics does not guarantee that the Services will meet your specific requirements.
- Uninterrupted Service
No warranty is made that the Services will be error-free, timely, secure, or uninterrupted.
Section 6: Beta Features
Participation in Beta Features
Curanostics may offer beta features or functionalities as part of the Services to test new concepts and improvements ("Beta Features"). By participating in these Beta Features, you agree to the following:
- Experimental Nature of Beta Features
- Beta Features are not final products and are provided for testing purposes only. They may include errors, defects, or functional limitations and may not be reliable, error-free, or available at all times.
- Curanostics does not guarantee the performance, compatibility, or accuracy of Beta Features.
- Voluntary Participation
- Participation in Beta Features is entirely voluntary.
- You may opt out at any time by contacting support@curanostics.health.
- Confidentiality Obligations
- Users acknowledge that Beta Features contain proprietary information, trade secrets, and confidential information of Curanostics. Users agree:
- Not to disclose, share, or distribute information about Beta Features to any third party without prior written consent from Curanostics.
- To use Beta Features solely for internal testing and evaluation and not for commercial use or production purposes.
- To protect Beta Features and associated information with reasonable efforts equivalent to those used to protect their own confidential information.
- Restrictions on Use
- Users shall not copy, distribute, modify, reverse-engineer, or otherwise attempt to derive the source code of Beta Features.
- Users shall not publish any performance results, benchmarks, or other analyses of Beta Features without prior written approval from Curanostics.
Feedback and Intellectual Property Rights
- Providing Feedback
- Users agree to provide reasonable feedback to Curanostics about Beta Features, including their functionality, performance, and usability.
- All feedback provided by users will become the exclusive property of Curanostics.
- Assignment of Intellectual Property Rights
- By submitting feedback, users irrevocably assign to Curanostics all rights, title, and interest, including intellectual property rights, in the feedback.
- Users agree not to retain any rights to feedback or claim compensation for its use.
- Non-Compensation Clause
- Users will not receive any financial or other compensation for their participation in testing Beta Features or for any feedback provided.
Acknowledgment of Beta Features
- No Guarantees
- Curanostics is under no obligation to release Beta Features as commercial products or provide ongoing support.
- Curanostics reserves the right to modify, suspend, or terminate Beta Features at its discretion without liability.
- User Responsibility
- Users are solely responsible for safeguarding their data while using Beta Features, including performing backups and implementing necessary protections against data loss or corruption.
Limitation of Liability for Beta Features
- Disclaimer of Warranties
Beta Features are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Exclusion of Liability
To the fullest extent permitted by law, Curanostics shall not be liable for:
- Any indirect, incidental, special, punitive, or consequential damages arising from the use of Beta Features.
- Any loss of data, revenue, or profits resulting from the use of Beta Features, even if advised of such possibilities.
- Allocation of Risk
Users acknowledge that participation in Beta Features involves assumed risks, and the liability limitations reflect a fair allocation of risk.
Early Termination
Curanostics reserves the right to modify, suspend, or terminate Beta Features at any time without notice.
Section 7: Dispute Resolution and Governing Law
Dispute Resolution
- Informal Resolution
- If a dispute arises between you and Curanostics, we encourage you to first contact us directly at yash@curanostics.health to seek an informal resolution.
- We will make a good-faith effort to resolve the dispute within 30 days of receiving your notice.
- Arbitration Agreement
- Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or the relationship between you and Curanostics shall be resolved through binding arbitration, except for disputes that qualify for small claims court.
- Arbitration Rules: The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or similar recognized arbitration body.
- Location: Arbitration will take place in Delaware, unless mutually agreed otherwise.
- Costs: Each party shall bear its own arbitration costs unless otherwise determined by the arbitrator.
- Exceptions to Arbitration
- Either party may seek injunctive or equitable relief in a court of law to protect intellectual property rights or enforce confidentiality obligations.
Class Action Waiver
You agree to resolve disputes with Curanostics on an individual basis and waive your right to participate in a class action, class arbitration, or other representative proceedings.
Governing Law
- These Terms and any disputes related to the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
- If arbitration is deemed unenforceable, any legal action shall be filed in the federal or state courts located in Delaware, and you consent to their jurisdiction.
Section 8: Termination and Suspension of Services
Termination by User
You may terminate your use of the Services at any time by:
- Deleting your account through the account settings feature.
- Contacting Curanostics at yash@curanostics.health to request account deletion.
Upon termination, all associated data may be deleted, except as required to comply with legal or regulatory obligations.
Termination or Suspension by Curanostics
Curanostics reserves the right to suspend or terminate your access to the Services, with or without notice, for any of the following reasons:
- Violation of Terms
Breach of any provision of these Terms.
- Illegal Activity
Use of the Services for fraudulent, unlawful, or harmful purposes.
- Interference with Services
Actions that disrupt or negatively impact the functionality of the Services.
In the event of termination:
- Your account will be deactivated, and access to your data may be permanently disabled.
- Curanostics may retain anonymized or aggregated data for research or compliance purposes.
Survival of Terms
Upon termination, certain provisions of these Terms will survive, including but not limited to:
- Ownership of Feedback (Section 3).
- Limitation of Liability and Indemnification (Section 5).
- Dispute Resolution and Governing Law (Section 7).
Effect of Termination
Termination of your account does not relieve you of obligations incurred prior to termination, such as payment obligations or breaches of these Terms.