Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of MendAId's platform, website, and services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

MendAId provides a software platform that enables licensed healthcare providers ("Providers") to:

• Upload clinical protocols and post-operative care instructions
• Enroll patients to receive automated care messages via SMS
• Communicate with patients through an AI-assisted care coordinator ("Remi")
• Monitor patient communications and receive escalation alerts

Remi communicates information from the Provider's pre-authored protocols. Remi is not a physician, does not provide medical diagnoses, and does not make clinical decisions. All clinical content is authored and approved by the treating Provider.

3. Healthcare Provider Responsibilities

By using MendAId as a healthcare provider, you agree that you:

• Are a licensed healthcare professional authorized to practice in your jurisdiction
• Accept full clinical and legal responsibility for the accuracy of all protocols you upload
• Will review and approve all protocol content before activating it for patient use
• Will obtain appropriate patient consent before enrolling patients in the messaging program
• Will maintain appropriate oversight of the AI-assisted communication system
• Will promptly respond to patient escalations flagged by the system
• Are responsible for ensuring your use of the Service complies with all applicable laws including HIPAA

4. Patient Enrollment and SMS Consent

Patients must provide explicit consent before receiving SMS messages through MendAId. Providers are responsible for ensuring that patient consent is obtained in accordance with applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA).

Patients may opt out of SMS messages at any time by replying STOP. Providers must honor opt-out requests immediately.

5. Not a Medical Device

MendAId is a care communication and coordination tool. It is expressly not intended to:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Replace clinical judgment or professional medical advice
• Function as a medical device as defined by the FDA or applicable regulatory authorities
• Serve as a substitute for direct patient-physician communication in urgent situations

In all emergency situations, patients are instructed to call 911 or go to the nearest emergency room. MendAId is not a crisis or emergency response service.

6. HIPAA and Protected Health Information

MendAId will execute a Business Associate Agreement (BAA) with covered healthcare entities upon request. Providers are responsible for ensuring their use of the Service complies with HIPAA and all applicable state health privacy laws. Contact legal@mend-aid.com to request a BAA.

7. Prohibited Uses

You agree not to use the Service to:

• Provide direct medical diagnoses or treatment recommendations to patients
• Upload protocols that contain inaccurate or misleading clinical information
• Enroll patients without their explicit consent
• Violate any applicable law, regulation, or professional licensing requirement
• Attempt to circumvent the platform's safety escalation features
• Use the Service for any purpose other than legitimate patient care communication

8. Intellectual Property

The MendAId platform, software, and branding are owned by MendAId and protected by applicable intellectual property laws. Providers retain ownership of the clinical protocols they upload. By uploading protocols, you grant MendAId a limited license to use that content solely to operate and improve the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MendAId SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. MendAId'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

MendAId is not liable for clinical outcomes, patient responses to care messages, or any harm arising from the Provider's clinical protocols. Providers accept full responsibility for the clinical accuracy of content delivered through the platform.

10. Indemnification

You agree to indemnify and hold harmless MendAId from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, your clinical protocols, or your patients' use of the messaging program.

11. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable during maintenance windows or due to circumstances beyond our control. MendAId is not a substitute for emergency communication systems.

12. Termination

Either party may terminate the agreement at any time with 30 days written notice. Upon termination, Providers may request an export of their data. We will delete patient data in accordance with our Privacy Policy and applicable law.

13. Changes to Terms

We may update these Terms from time to time. We will notify registered users of material changes by email at least 30 days before they take effect. Continued use of the Service constitutes acceptance of updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Larimer County, Colorado.

15. Contact

For questions about these Terms:
Email: legal@mend-aid.com
Address: MendAId, Fort Collins, Colorado, United States