Effective Date: [Effective Date]
Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and Hey Commerce LLC ("Hey Commerce," "we," "us," or "our"), governing your use of PreMD ("PreMD," the "Service"). Please read them carefully. By creating an account or using the Service, you agree to these Terms.
Contents
- Eligibility
- What PreMD is (and isn't)
- Not medical advice
- Your account
- Subscriptions & billing
- Auto-renewal & cancellation
- 60-day money-back guarantee
- Acceptable use
- Intellectual property
- Your content
- Third-party services
- Disclaimers
- Limitation of liability
- Indemnification
- Dispute resolution & arbitration
- Governing law
- Changes to these Terms
- Contact us
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use PreMD. By using the Service, you represent that you meet these requirements and that the information you provide is accurate.
2. What PreMD is (and isn't)
PreMD helps you prepare for healthcare conversations. You describe what you're experiencing in your own words, and PreMD generates a personalized report of questions, tests, and topics you may wish to raise with your healthcare provider, along with a follow-up feature and a post-appointment feature to help you understand information after a visit. PreMD draws on medical literature and clinical guidelines to help surface relevant questions.
PreMD is an informational and organizational tool only. It is not a healthcare provider, does not practice medicine, and the output it generates is not a diagnosis, treatment plan, or medical advice.
3. Not medical advice
The Service and all content it provides are for general informational and educational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice, or delay seeking it, because of something generated by or read on PreMD. Decisions about your health should always be made with a qualified healthcare provider. You use any information from the Service at your own discretion and risk.
4. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Please notify us promptly at support@getpremd.com if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms.
5. Subscriptions & billing
PreMD is offered on a subscription basis. Current plans and pricing are shown at checkout. As of the Effective Date, plans include a quarterly plan and an annual plan, each including a set number of reports per month as described at the point of sale. Prices are in U.S. dollars and may change; we will give notice of price changes as required by law, and changes will not affect your current billing term.
By subscribing, you authorize us and our payment processor to charge your chosen payment method for the applicable fees, including recurring fees, until you cancel.
6. Auto-renewal & cancellation
You can cancel at any time from within your account settings or by contacting support@getpremd.com. Cancellation takes effect at the end of your current billing term, and you will retain access until then. Except where required by law or under our money-back guarantee below, fees already paid are non-refundable.
7. 60-day money-back guarantee
We offer a 60-day money-back guarantee on your initial subscription purchase. If you are not satisfied, contact us at support@getpremd.com within 60 days of your initial purchase and we will refund that purchase. The guarantee applies to your first subscription term and is subject to verification and any conditions disclosed at the point of sale.
8. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms.
- Use the Service to provide medical advice to others or to make clinical decisions for third parties as a professional.
- Attempt to reverse engineer, scrape, overload, or interfere with the Service or its security.
- Upload content you do not have the right to share, or that infringes others' rights.
- Misrepresent your identity or impersonate others.
- Resell, sublicense, or commercially exploit the Service without our written permission.
9. Intellectual property
The Service, including its software, design, text, and branding (including the PreMD name and logo), is owned by Hey Commerce LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.
10. Your content
You retain ownership of the information and documents you submit ("Your Content"). You grant us a limited license to use Your Content solely to operate and provide the Service to you (for example, to generate your reports), as further described in our Privacy Policy. We do not claim ownership of Your Content and do not sell it.
11. Third-party services
The Service may rely on or link to third-party services (such as payment processors and infrastructure providers). We are not responsible for the content, policies, or practices of third parties. Your use of third-party services is governed by their terms.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY INFORMATION IT PROVIDES IS COMPLETE OR ACCURATE FOR YOUR SITUATION. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HEY COMMERCE LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify and hold harmless Hey Commerce LLC from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.
15. Dispute resolution & arbitration
Except for disputes that qualify for small-claims court or involve intellectual property, you and Hey Commerce LLC agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration, rather than in court. You and we waive any right to a jury trial and to participate in a class or representative action. Arbitration will be conducted on an individual basis under the rules of a recognized arbitration provider. This section does not prevent either party from seeking injunctive relief for intellectual-property or unauthorized-use matters. Where applicable law does not permit binding arbitration, this section will not apply to the extent prohibited.
16. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration section. Subject to the arbitration section, any disputes not subject to arbitration will be resolved in the state or federal courts located in Delaware.
17. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Effective Date" above and, where appropriate, provide additional notice. Your continued use of the Service after an update means you accept the revised Terms.
18. Contact us
Questions about these Terms? Contact us at:
Hey Commerce LLC
[Mailing Address — to be added]
Email: support@getpremd.com