MyElixir Terms and Conditions

Effective Date: 2024-09-12

1. Introduction

Welcome to MyElixir! These Terms and Conditions ("Terms") govern your access to and use of our services, including our website, applications, and any other software provided by MyElixir ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

2. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information, including your Protected Health Information (PHI). By using our Services, you agree to the collection and use of information as described in our Privacy Policy.

4. Use of Services

Permitted Use:

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes, subject to these Terms.

Prohibited Use:

You may not use the Services for any unlawful or unauthorized purpose. You agree not to (a) reverse engineer, decompile, or disassemble the Services; (b) use the Services to infringe on the intellectual property rights of others; (c) upload or transmit harmful code, viruses, or any illegal content through the Services.

5. De-Identified Data and Third-Party Models

Data Monetization:

If you opt-in, MyElixir may use and share de-identified data with third parties for research, commercial purposes, and the development of healthcare innovations. This data cannot be traced back to you, and you retain the right to opt-out at any time.

Third-Party Models:

With your consent, de-identified data may be shared with third-party machine learning model providers. These models may offer insights, predictions, or diagnostics, and you may choose to purchase access to these models. MyElixir is not responsible for the accuracy or outcomes derived from these third-party models.

6. Intellectual Property

Ownership:

All intellectual property rights in the Services, including but not limited to software, content, graphics, and trademarks, are owned by MyElixir or our licensors.

User Content:

By submitting any content to MyElixir (e.g., feedback, suggestions, data), you grant MyElixir a worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute that content as part of our Services.

7. Limitation of Liability

Disclaimer of Warranties:

The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied. MyElixir disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability:

To the fullest extent permitted by law, MyElixir shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of the Services; (b) any conduct or content of any third party on the Services; (c) any unauthorized access, use, or alteration of your content.

8. Indemnification

You agree to indemnify, defend, and hold harmless MyElixir, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

9. Dispute Resolution

Governing Law:

These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.

Arbitration:

Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.

10. Termination

MyElixir reserves the right to terminate or suspend your access to the Services at any time, without notice, for conduct that we believe violates these Terms, is harmful to other users of the Services, or is harmful to MyElixir or its affiliates.

11. Changes to the Terms

MyElixir may modify these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website or through the Services. Your continued use of the Services after such modifications constitutes your acceptance of the new Terms.

12. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and MyElixir regarding the use of our Services and supersede all prior agreements between you and MyElixir.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Email: info@myelixir.ai
Phone: (425)213-3001