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MomDoc

Terms of Service

1. Introduction and Acceptance

Welcome to MomDoc, a mobile and web application provided by OpenScope Health, Inc. (“OpenScope”, “we”, or “us”). OpenScope Health, Inc. is a Delaware corporation with its principal place of business in San Francisco, California. These Terms of Service (“Terms”) govern your access to and use of the MomDoc application and any related 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, you must not use MomDoc.

You acknowledge that you are at least 18 years old and legally capable of entering into this agreement. The Service is intended for adults (such as parents or guardians) concerned about pediatric conditions. Do not use MomDoc if you are under 13, and if you are between 13 and 17, you may use the Service only with parental or guardian consent. OpenScope reserves the right to refuse service, terminate accounts, or revoke access at its discretion if these Terms are violated.

2. Account Registration and Security

To use MomDoc, you must create an account by providing a valid email address and a secure password. You agree to provide accurate and current information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.

You must not share your account credentials with others. OpenScope is not liable for any loss or damage arising from your failure to safeguard your account. We may require additional verification information from you (for example, confirming your email) to ensure the security of accounts. We reserve the right to suspend or terminate your account if we believe it’s compromised or being used in violation of these Terms.

3. User Responsibilities and Acceptable Use

When using MomDoc, you agree to use the Service only for its intended purpose (educational screening of pediatric conditions) and in compliance with all applicable laws and regulations. You must not use the Service to upload or share any content that is unlawful, offensive, obscene, invasive of privacy, or that infringes on any party’s intellectual property or other rights.

Specifically, you agree not to upload any images or content that contain personally identifiable information (PII) or protected health information (PHI) about any individual. Images should focus on the medical condition and should not include faces, names, or other identifying features of a child or any person. By using MomDoc, you acknowledge that the Service is not HIPAA-compliant and is not intended for the transmission of regulated health information. Do not use MomDoc to seek medical advice for emergencies or critical conditions (in such cases, contact a medical professional or emergency services immediately).

You also agree not to:

  • Misuse the Service: You will not attempt to hack, reverse engineer, damage, or interfere with the operation or security of MomDoc or our servers.
  • Circumvent Limits: If you are on a free tier, you will not attempt to create multiple accounts or use other tricks to bypass the monthly scan limit or any usage limitations.
  • Automated Use: You will not use any robot, scraper, or automated means to access or extract data from the Service without our permission.
  • Unlawful Activities: You will not use MomDoc to commit any illegal act, or to upload content that violates any law or regulation.
  • Harassment or Abuse: You will not use the Service to harass, impersonate, or harm another person or entity.

Violation of these rules may result in suspension or termination of your account and access to the Service, as well as potential legal consequences.

4. Image Uploads and User Content License

MomDoc allows you to upload images of pediatric conditions (for example, rashes, wounds, etc.) to receive an educational analysis. You retain ownership of any images or content you upload to the Service (“User Content”). However, by uploading User Content, you grant OpenScope a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, copy, modify, transmit, display, and create derivative works from your images for the purposes of providing the Service and improving our machine learning models. This license includes the right to use your uploaded images to train, test, and enhance the MomDoc algorithms (including through third-party machine learning service providers such as Roboflow) in an anonymized manner that is not linked to your personal identity.

OpenScope will not sell, publish, or publicly display your uploaded images in a way that identifies you or any individual depicted. The images you provide are stored without personal identifiers and are used collectively to improve the accuracy of the Service for all users.

Please only upload images that you have the lawful right to use and share. By uploading an image, you represent and warrant that you have the consent or authority to do so (for example, you are the parent or guardian of the child in the photo or otherwise have permission), and that the content does not violate any law or anyone’s rights.

We reserve the right to review, flag, or delete any User Content that we believe may violate these Terms or applicable law. OpenScope is not responsible for the accuracy, integrity, or quality of content uploaded by users. You are solely responsible for your User Content and may be liable if it violates any third-party rights or legal requirements.

5. Subscription Plans and Payment Terms

MomDoc is offered on a subscription model with both free and paid tiers:

  • Free Tier: You may use MomDoc free of charge for up to 3 image analyses (“scans”) per calendar month. After reaching this limit, access to the image analysis feature will be suspended until the start of the next month unless you upgrade to a Pro plan.
  • Pro Tier (Paid Subscription): The Pro subscription allows unlimited scans each month. Pro users may subscribe on a monthly or annual basis (“Subscription Period”) as offered. Pricing and features of the Pro tier are described within the app or on our website at the time of purchase. By subscribing to the Pro tier, you authorize us to charge your provided payment method for the recurring subscription fee (plus any applicable taxes) on a monthly or yearly basis, depending on the plan you select.

Payment Processing:

Paid subscriptions require a valid payment method. Payments for MomDoc may be processed by a third-party payment processor (for example, a credit card payment gateway or app store billing) on our behalf. By providing payment information, you agree to the third-party processor’s terms and conditions as well as to pay the subscription fees. OpenScope does not receive or store your full financial account details (such as full credit card numbers); however, we may receive a token or confirmation of payment and basic billing information.

Auto-Renewal and Cancellation:

Your Pro subscription will automatically renew at the end of each Subscription Period (e.g., monthly or annually) unless you cancel before the renewal date. You can cancel the renewal of your subscription at any time through your account settings or by contacting our support. If you cancel, you will continue to have Pro access until the end of your current paid term, and your subscription will not renew thereafter. Subscription fees are generally non-refundable. However, if you believe there are extenuating circumstances (for example, you were incorrectly charged), please contact us and we may review requests for a refund on a case-by-case basis as required by applicable law. OpenScope reserves the right to adjust pricing for the Service or introduce new charges with prior notice to you. Any price changes or new fees will apply at the next billing cycle. If you do not agree to a pricing change, you may cancel your subscription before the new rate takes effect.

6. Promotional Otoscope Gift

As part of a special promotion, annual Pro subscribers are eligible to receive a complimentary otoscope device (a tool for looking into ears) as a promotional gift. This section explains the terms of that promotion:

  • Eligibility: To qualify, you must purchase a one-year (annual) Pro subscription and provide any information requested for fulfillment (such as a shipping address). Each account is eligible for one otoscope gift per year of subscription (or per initial annual subscription, as applicable to the promotion terms).
  • Fulfillment: The otoscope will be fulfilled and shipped directly by OpenScope to the address you provide. We do not share your personal information (such as your name or address) with any third-party marketers or unrelated entities for this fulfillment. (Please note, however, that we will need to share your name and address with the shipping carrier or postal service to deliver the package, but this is solely for the purpose of delivery.)
  • Delivery: We will make a good-faith effort to ship your otoscope within a reasonable time after you subscribe to the annual Pro plan and provide the necessary shipping information. Delivery times may vary depending on your location. OpenScope is not responsible for shipping delays or items lost or damaged in transit, but please contact us if you encounter an issue and we will try to assist.
  • No Warranty on Gift: The otoscope device is provided as a promotional item “as is” without any guarantee or warranty from OpenScope. Any use of the otoscope is at your own risk. Follow any instructions provided with the device and use caution, especially when using it on a child. OpenScope disclaims any liability for injuries or damages resulting from the use of the gifted otoscope. (This does not limit any warranty that the manufacturer of the otoscope may provide; check the product packaging for any manufacturer warranty information.)
  • Changes to Promotion: OpenScope reserves the right to modify or discontinue the otoscope promotion at any time. If the promotion is discontinued or if supplies of the otoscope are exhausted, we are not obligated to provide a substitute item, but we will update our promotional materials to reflect any changes. If you subscribed while the promotion was advertised, you will still receive your gift.

The otoscope gift is provided as a courtesy to our annual subscribers. It does not constitute a part of the paid Service itself, and non-receipt of the gift (for example, due to an incorrect address or product unavailability) does not entitle you to any refund of your subscription fee.

7. Intellectual Property Rights

All content and materials available through MomDoc, including but not limited to software, algorithms, design, text, graphics, logos, trademarks, and any information or outputs produced by the Service (collectively, the “Materials”), are the property of OpenScope or its licensors and are protected by intellectual property laws. OpenScope retains all rights, title, and interest in and to the Service and Materials.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the MomDoc application and Materials for your personal, non-commercial use in accordance with these Terms. You agree not to copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any portion of the Service or Materials without our express prior written consent. You also shall not reverse engineer or attempt to extract the source code of any software provided as part of the Service, except to the extent allowed by applicable law.

“OpenScope,” “MomDoc,” and our associated logos and slogans are trademarks or service marks of OpenScope Health, Inc. You may not use our name or marks in any manner likely to cause confusion about the source of products or services, or in any manner that disparages or discredits OpenScope, without our prior written permission.

Any feedback, suggestions, or ideas you provide to OpenScope regarding the Service (“Feedback”) is entirely voluntary. By providing Feedback, you grant OpenScope the right to use such Feedback without any restriction or compensation to you, and OpenScope will own all rights to improvements or modifications resulting from such Feedback.

8. Disclaimers (Educational Service, No Medical Advice)

MomDoc is an educational tool and NOT a medical or diagnostic service. You acknowledge and agree that:

  • No Doctor-Patient Relationship: Using MomDoc does not create a doctor-patient relationship or any confidential medical relationship between you and OpenScope or between you and any medical professionals. OpenScope is not a healthcare provider, and the Service is not a substitute for professional medical advice or treatment.
  • Informational Purposes Only: Any condition predictions or information provided by the Service are for general informational and educational purposes only. The output from MomDoc (such as likely conditions or health-related information) is not intended to be and should not be considered medical advice, diagnosis, or treatment. Always seek the advice of a licensed physician or qualified healthcare provider for any questions regarding a medical condition or health concern.
  • Not for Urgent Use: MomDoc is not intended for use in medical emergencies or urgent situations. If you believe your child (or anyone) is experiencing a medical emergency or a serious health issue, do not rely on MomDoc – instead, call 911 or contact a doctor immediately.
  • Accuracy Not Guaranteed: The Service uses machine learning to provide predictions, which means results are generated algorithmically. No guarantee is made that the information or predictions are accurate, complete, or up-to-date. The model may not recognize all conditions, and it may provide suggestions that are incorrect or not applicable. You assume all responsibility for how you use or act on the information provided by MomDoc.
  • User Responsibility: You understand that any decisions you make regarding your health or your child’s health should be made in consultation with a healthcare professional. Never disregard professional medical advice or delay seeking it because of something you read or received through MomDoc.

Additional Disclaimers:

The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. OpenScope, to the fullest extent permitted by law, disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. We make no guarantee regarding the reliability, accuracy, or suitability of the Service or content for any particular purpose. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, the scope and duration of any applicable warranty will be the minimum permitted under applicable law.

9. Limitation of Liability

To the maximum extent permitted by law, OpenScope and its directors, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes any loss of profits or revenues, loss of data, loss of goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) MomDoc or any information provided by the Service. This limitation of liability applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

In particular, OpenScope will not be liable for any injury, harm, or adverse outcome that you or your child may experience as a result of using the Service or relying on a prediction. You expressly acknowledge that use of the Service is at your own risk.

Maximum Liability:

In no event shall OpenScope’s total cumulative liability for any claims arising out of or relating to these Terms or the Service exceed the amount (if any) that you paid to OpenScope for the Service in the twelve (12) months prior to the event giving rise to liability, or one hundred U.S. dollars (USD $100), whichever is greater. If you use the Service on a free basis, OpenScope’s total liability shall not exceed USD $100.

Exceptions:

Some states or jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, OpenScope’s liability will be limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless OpenScope Health, Inc., its affiliates, and each of its and their respective officers, directors, employees, and agents (collectively “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your use of the Service, (b) your User Content (including any images you upload), (c) your violation of these Terms, or (d) your violation of any laws or rights of a third party. OpenScope reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any such claim and not to settle any such matter without the prior written consent of OpenScope. We will make reasonable efforts to inform you of any such claim, action, or proceeding upon becoming aware of it.

11. Termination

These Terms will continue to apply to you until either you or OpenScope terminates this agreement. You may stop using the Service and terminate your account at any time by contacting us or using any account deletion functionality provided in the app. OpenScope may suspend or terminate your access to the Service (or any part of it) at any time, with or without cause or notice. For example, we might do so if you violate these Terms, if we discontinue the Service, or for any other reason at our sole discretion. Upon termination of your account, your right to use the Service will cease immediately. Sections of these Terms that by their nature should survive termination will survive (for example, licenses granted by you, indemnities, disclaimers, limitations of liability, and governing law). If your account is terminated (by you or by us), we may delete or anonymize the data associated with your account in accordanceance with our Privacy Policy, subject to any legal obligations to retain information. OpenScope shall not be liable to you for compensation, indemnity, or damages of any sort solely as a result of terminating your account or access to the Service in accordance with these Terms.

12. Governing Law and Dispute Resolution

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Service or these Terms shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Jurisdiction:

You agree that any dispute arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in the State of Delaware. You consent to the personal jurisdiction of such courts and waive any objection to the convenience of this forum.

No Class Actions:

To the extent permitted by law, you and OpenScope agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You hereby waive your right to participate in any class action lawsuits against OpenScope related to the Service or these Terms.

Injunctive Relief:

Notwithstanding the foregoing, you acknowledge that unauthorized use of the Service or Materials may cause irreparable harm to OpenScope for which monetary damages would be inadequate. In such cases, we may seek injunctive or other equitable relief in any court of competent jurisdiction.

13. Changes to These Terms

OpenScope may revise or update these Terms of Service from time to time. If we make material changes, we will provide notice to you through the Service or via email (using the email address associated with your account) prior to the change becoming effective. We will also update the “Last updated” date at the top of the Terms. By continuing to use the Service after updates to the Terms take effect, you agree to be bound by the revised Terms. If you do not agree to the modified Terms, you should discontinue your use of MomDoc and, if desired, delete your account. We encourage you to review these Terms periodically for any changes. Your continued use of MomDoc after the posting of changes constitutes your acceptance of those changes.

14. Contact Information

If you have any questions, concerns, or feedback about these Terms or the MomDoc Service, please contact us at info@openscopehealth.com or by mail at: OpenScope Health, Inc. 1900 Gough St #701, San Francisco, CA 94109 USA. We will do our best to respond to your inquiry in a timely manner.