Terms of Use

You may use the Services only if you are legally able to enter into a binding contract and are not prohibited from using the Services under applicable law. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and “you” includes both you and that organization.

The Services may include features intended for licensed healthcare professionals, clinical teams, researchers, administrators, or enterprise customers. Some features may be restricted based on account type, verification status, contractual terms, or applicable law.

Apothecare provides software tools and related services that may assist users with organizing information, reviewing clinical or health-related materials, generating summaries or drafts, surfacing operational insights, and supporting workflow efficiency.

Unless expressly stated otherwise in a separate written agreement, the Services are provided for informational, administrative, educational, and workflow-support purposes only. The Services do not constitute the practice of medicine, nursing, pharmacy, or any other licensed profession, and do not create a provider-patient relationship between Apothecare and any patient or end user.

Any commitments specific to enterprise customers, including service levels, implementation obligations, security commitments, data processing terms, or HIPAA obligations, will be governed by the applicable order form, master services agreement, business associate agreement, or other written contract between Apothecare and the customer.

Apothecare is not a healthcare provider. Content and outputs made available through the Services, including AI-generated outputs, summaries, suggestions, extracts, classifications, or draft materials, are provided for general informational and workflow-support purposes only.

The Services are not intended to:

• Diagnose, treat, cure, or prevent any disease
• Replace independent professional judgment
• Establish a standard of care
• Substitute for a medical evaluation, clinical assessment, or consultation with a qualified professional
• Be relied on as the sole basis for any patient care, prescribing, diagnostic, billing, coding, legal, or compliance decision

You are solely responsible for reviewing and validating any information or output before relying on it in a clinical, operational, legal, financial, or other professional setting. If you are a healthcare professional, you remain solely responsible for your professional decisions, documentation, treatment recommendations, compliance obligations, and patient communications.

If you are a consumer or patient, do not rely on the Services as medical advice. Always seek the guidance of a qualified healthcare professional regarding medical questions or treatment decisions. If you believe you are experiencing a medical emergency, call 911 or your local emergency services immediately.

Some Services may use machine learning, large language models, or other automated systems. These features may generate incomplete, outdated, inaccurate, or inappropriate outputs and may not reflect all relevant facts, authority, or clinical nuance.

You understand and agree that:

• AI-generated content may contain errors
• Outputs may vary for similar inputs
• Outputs are probabilistic and not guaranteed to be correct, complete, or fit for a particular purpose
• Automated outputs must be reviewed by an appropriately qualified human before use in any material decision-making

You may not represent AI-generated output as independently verified by Apothecare unless Apothecare expressly states otherwise.

To access certain Services, you may need to create an account. You agree to provide accurate, current, and complete registration information and to keep that information updated.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Promptly notifying us of any unauthorized use of your account or security incident involving your account

We may suspend or terminate accounts that contain false information, violate these Terms, create security or legal risk, or are otherwise inappropriate for the Services.

You agree not to, and not to permit others to:

• Use the Services in violation of any applicable law, regulation, professional standard, or third-party right
• Upload, input, or transmit content you do not have the right to use
• Use the Services to infringe, misappropriate, or violate intellectual property, privacy, publicity, confidentiality, or other rights
• Use the Services to develop or train a competing product or model, except to the extent such restriction is prohibited by law or expressly allowed by written agreement
• Reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive source code, underlying models, prompts, or non-public system components, except as prohibited by law
• Access the Services through bots, scrapers, spiders, crawlers, bulk extraction methods, or automated means not authorized by us
• Interfere with or disrupt the integrity, security, or performance of the Services
• Introduce malware, malicious code, harmful payloads, or unauthorized access methods
• Circumvent rate limits, access controls, security protections, or usage restrictions
• Use the Services to generate unlawful, fraudulent, harassing, defamatory, discriminatory, or abusive content
• Use the Services in a way that could harm patients, consumers, or other individuals
• Upload protected health information without an executed Business Associate Agreement and appropriate access controls in place

Some customers may choose to use the Services in connection with protected health information or other regulated health data. Any HIPAA-related obligations of Apothecare apply only where:

• The customer is a covered entity or business associate, as applicable
• The parties have entered into a valid Business Associate Agreement
• The relevant Services are configured and used in a manner permitted under that agreement

You are solely responsible for determining whether your use of the Services involves protected health information, patient-identifiable data, or other regulated information, and for ensuring that your use complies with applicable privacy, security, consent, authorization, and recordkeeping requirements.

If you submit personal health information, patient data, or other regulated information to the Services, you represent and warrant that you have all rights, permissions, notices, consents, and authorizations necessary to do so.

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

To the extent permitted by applicable law and our Privacy Policy, we may use data to:

• Operate, maintain, secure, and improve the Services
• Provide support and troubleshoot issues
• Analyze performance, usage, and trends
• Develop product features, models, and functionality
• Comply with legal obligations and enforce our rights

We do not sell personal information or protected health information. For details on how we handle personal data, including rights available to you under applicable state privacy laws (such as the California Consumer Privacy Act), please refer to our Privacy Policy.

We may use aggregated, de-identified, or otherwise non-identifiable data for lawful business purposes, provided such data does not identify you or any individual patient.

You may request deletion of your account and associated data through your account settings or by contacting us. Deletion requests will be processed in accordance with our Privacy Policy and applicable law.

Certain health-related products that are not subject to HIPAA may still be subject to other laws, including the FTC Health Breach Notification Rule. You acknowledge that Apothecare may provide notices, disclosures, or workflow limitations that are intended to support compliance with applicable privacy and breach-notification laws, and you agree to cooperate with reasonable information requests relating to security incidents, investigations, or required notifications.

If you purchase a paid subscription or other paid Services, you agree to pay all applicable fees, taxes, and charges as described at the time of purchase.

Unless otherwise stated:

• Fees are quoted in U.S. dollars
• Subscriptions automatically renew for the renewal term shown at purchase unless canceled
• You authorize us and our payment processors to charge your selected payment method for recurring fees and applicable taxes
• Fees are non-refundable except as required by law or expressly stated in writing

Apothecare offers a free tier with limited functionality. Features available on the free tier may change at any time. Paid subscriptions unlock additional capabilities as described on our pricing page.

You may cancel your subscription through your account settings or other cancellation method we make available. Where applicable law requires a simple cancellation mechanism for recurring plans, we will provide one.

We may change pricing, plans, or features at any time. For material pricing changes affecting ongoing subscriptions, we will provide advance notice where required by law.

You may submit prompts, text, files, documents, images, feedback, messages, or other materials to the Services, which we refer to as “User Content.”

You retain ownership of your User Content, subject to the rights you grant below.

You grant Apothecare a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, modify, transmit, display, and otherwise use your User Content solely as necessary to:

• Provide and maintain the Services
• Respond to your requests
• Improve functionality and safety
• Enforce these Terms
• Comply with law

If you provide feedback, suggestions, or ideas regarding the Services, you grant Apothecare a perpetual, irrevocable, royalty-free, transferable, sublicensable license to use them without restriction or compensation to you.

You are solely responsible for your User Content and the consequences of submitting it.

You are responsible for:

• Reviewing outputs before use
• Maintaining your own internal policies and approvals
• Ensuring that only authorized personnel access your account and data
• Obtaining required patient consents, notices, and authorizations
• Using the Services only in jurisdictions and contexts where such use is lawful
• Maintaining any records required by professional, regulatory, or contractual obligations

The Services may integrate with or link to third-party software, websites, content, APIs, platforms, devices, or services. We do not control and are not responsible for third-party services, including their availability, accuracy, security, legality, or privacy practices.

Your use of third-party services is governed by their own terms and policies.

The Services, including all software, models, interfaces, designs, workflows, databases, content, trademarks, service marks, logos, and other materials made available by Apothecare, are owned by or licensed to Apothecare and are protected by intellectual property and other laws.

Except for the limited rights expressly granted in these Terms, no right, title, or interest in the Services is transferred to you.

Subject to your compliance with these Terms, Apothecare grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal lawful use during the applicable subscription or access period.

If you believe any content made available through the Services infringes your copyright, please send a notice to:

Your notice should include:

• Identification of the copyrighted work claimed to be infringed, including a copy or location of an authorized version where possible
• Identification of the allegedly infringing material and its location within the Services
• Your name, address, telephone number, and email address
• A statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner
• A physical or electronic signature of the copyright holder or authorized representative

We may remove allegedly infringing material and may terminate the account of any user who we determine is a repeat infringer.

We may, but are not obligated to, monitor use of the Services, investigate suspected violations, remove content, restrict access, suspend accounts, or take any action we reasonably believe is necessary to protect the Services, users, third parties, or our legal rights.

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if:

• You violate these Terms
• Your use poses security, legal, or operational risk
• Required by law or legal process
• We discontinue the relevant Services
• Fees remain unpaid
• Your account is inactive for an extended period
• We suspect fraud, abuse, or unauthorized access

You may stop using the Services at any time. If you cancel a paid subscription, the cancellation will take effect at the end of the then-current billing period unless otherwise stated.

Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, payment obligations, dispute provisions, and any accrued rights.

We may update the Services or these Terms from time to time. If we make material changes to these Terms, we will post the updated version and update the “Last Updated” date. We may also provide additional notice where appropriate.

By continuing to use the Services after updated Terms become effective, you agree to the revised Terms. If you do not agree, you must stop using the Services.

You agree to defend, indemnify, and hold harmless Apothecare and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys' fees, arising out of or relating to your access to or use of the Services, your User Content, or your violation of these Terms.

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to personal jurisdiction and venue in such courts.

Except as expressly provided in a particular legal notice on the website, these Terms (including the Privacy Policy and, to the extent applicable, any Business Associate Agreement) constitute the entire agreement between you and Apothecare with respect to your use of the Services.

These Terms supersede and replace any and all prior oral or written understandings or agreements between Apothecare and you regarding the Services.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in written form and given: (i) by us via email to the address associated with your account; or (ii) by posting within the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

If you have questions about the Services or these Terms, please contact us at contact@apothecare.ai.