Privacy Policy

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Welcome to Texmed! We are on a mission to make building software simple, allowing you to build on top of your current software seamlessly. These Terms of Use govern your use our website and online platform owned by Odiggo Inc. dba Texmed (“Texmed,” “Company,” “We,” “Our”), which also includes all related widgets, tools, data, software, and other services provided by us (the “Services”).

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitutes a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use Texmed.

Introduction

Odiggo, Inc., d/b/a Texmed (“Texmed”, “we”, “us”, or “our”) provides our services (described below) and related content to you through our website located at https://www.sully.ai (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Use (as amended from time to time, these “Terms of Use”). By accepting these Terms of Use or otherwise accessing, browsing, or using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept the terms and conditions of these Terms of Use, you will not access, browse, or otherwise use the Service. 

Texmed reserves the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Use were last revised. You may read a current, effective copy of these Terms of Use by visiting the “Terms” link on the Site[ and under the “Legal — Terms of Use” section of our Mobile App]. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use. You should periodically visit this page to review the current Terms of Use so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SULLY.AI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST SULLY.AI RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At Texmed, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.sully.ai/privacy-policy and under the [Legal — Privacy Policy] section of our Mobile App (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Use.

Information We Collect

Service Description: The Service is designed to [provide a comprehensive AI assistant (1) to assist doctors in streamlining time consuming tasks such as asking and receiving answers to questions, preliminary diagnoses, recommended prescription and medication plans, and documentation, and (2) to help patients with answers to preliminary questions concerning symptoms and treatment options.]

Your Registration Obligations: You may be required to register with Texmed or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Texmed reserves the right to disallow, cancel, remove, or reassign certain usernames and permalinks as determined by Texmed in its sole discretion. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by Texmed to confirm such express consent.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Texmed of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Texmed will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Texmed reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Texmed will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Texmed may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Texmed’s or its third-party service providers’ servers on your behalf. You agree that Texmed has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Texmed reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Texmed reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Important Reminder About the Service: SULLY.AI IS NOT AUTHORIZED TO PROVIDE SERVICES REQUIRING PROFESSIONAL LICENSURE AND DOES NOT OFFER CLINICAL HEALTHCARE SERVICES. ANY SULLY.AI CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICE IS FOR INFORMATIONAL OR COMMUNICATIVE PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL OR OTHER HEALTHCARE ADVICE. YOUR USE OF THE SERVICE, AND YOUR PROVISION OF SERVICES TO PATIENTS ARE SOLELY YOUR RESPONSIBILITY AND PROVIDED AT YOUR OWN RISK. THE USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP OR OTHER PRIVILEGED RELATIONSHIP BETWEEN SULLY.AI AND ANY USER. SULLY.AI DOES NOT REFER, RECOMMEND OR ENDORSE YOU OR ANY PARTICULAR PROFESSIONAL, PRODUCT, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY APPEAR THROUGH THE SERVICE, AND YOU MAY NOT REPRESENT OTHERWISE TO PATIENTS. IF YOU RELY ON ANY SULLY.AI CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK. 

SULLY.AI DOES NOT VERIFY THE VALIDITY OF YOUR CREDENTIALS AND YOU ARE RESPONSIBLE FOR HAVING THE CREDENTIALS REQUIRED TO PROVIDE YOUR SERVICES.

DO NOT USE THE SERVICE TO PROVIDE EMERGENCY MEDICAL OR MENTAL HEALTH CARE SERVICES.

How We Use Your Information

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Texmed, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (the “Uploaded Content”). You may also directly submit, upload, or otherwise make available to Texmed data, information and/or content through your use of the Service (“Input”), and generate certain data, information or content that is returned to you through the Services (“Output”, and together with the Uploaded Content and Input, the “User Content”).  The following are examples of the kinds of content and/or uses that are illegal or prohibited by Texmed. Texmed reserves the right to investigate and take appropriate legal action against anyone who, in Texmed’s sole discretion, violates this provision, including removing the offending content from the Service, suspending, or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

email or otherwise upload any content that

  • (i) infringes any intellectual property or other proprietary rights of any party;
  • (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
  • (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • (iv) poses or creates a privacy or security risk to any person;
  • (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or
  • (vii) in the sole judgment of Texmed, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Texmed or its users to any harm or liability of any type;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  violate any applicable local, state, national, or international law, or any regulations having the force of law;
  impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks;
or engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.  If you are blocked by Texmed from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any competing company offering a virtual AI assistant in the medical field is permitted to view, access, or use any portion of the Service without express written permission from Texmed. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Texmed or any of its affiliates, or acting on behalf of a competitor of Texmed in using or accessing the Service.

Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Texmed that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Texmed or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Texmed the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Texmed (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Texmed know within sixty (60) days after the date that Texmed charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Texmed’s prices. If Texmed does change prices, Texmed will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Texmed’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Texmed’s net income.

Payment Processing: Notwithstanding any amounts owed to Texmed hereunder, SULLY.AI DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”). These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Use, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Texmed assumes no liability or responsibility for any payments you make through the Service.

Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Texmed. You may cancel your subscription online by emailing us at: support@sully.ai using the form cancellation email available at [URL].