Terms of Service
Last Updated: April 19, 2019
We, AEDIT, LLC, a Delaware Limited Liability Company (collectively, with our parents, affiliates, subsidiaries and related companies), hereinafter, “AEDIT,” “We,” “Our,” or “Us”, offer a platform that enables a user to preview, learn, share and discover how to get the best treatment through the use of aggregated images, information and user data, (the “Service”). You may access our Services from the Aedit web-application(s) ("Site") and/or the Aedit mobile application(s) (collectively, “App”). Before you proceed, please read the following Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use our Service and/or access the App and/or Site (collectively, “Platform”).
References to “you” and “your” is construed to mean you as the customer of Aedit (the “User”). By accessing or using our Service and/or Platform or authorizing or permitting any User or End-User to access or use the Service and/or Platform through websites, or mobile applications, you agree to be bound by these terms. If you are entering into these terms on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to these terms for that entity and representing to us that you have the authority to bind such entity and its affiliates to these terms, in which case the terms, “you,” “your” or related pronouns used herein shall refer to such Entity and its Affiliates.
THIS SERVICE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED HEALTHCARE PROFESSIONAL ADVICE. AEDIT IS NOT DIRECTLY OR INDIRECTLY ENGAGED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL ADVICE, INCLUDING ANY DIAGNOSIS OR TREATMENT. THE INFORMATION ON THIS PLATFORM, OR ANY FEATURE OR FUNCTIONALITY MADE AVAILABLE ON THIS PLATFORM (INCLUDING OUR INTERCOM FEATURE) IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
ALL CONTENT, INCLUDING TEXT, GRAPHICS, IMAGES, SOUND, VIDEO, MEDIA AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THIS PLATFORM IS FOR GENERAL INFORMATION ONLY. ALL HEALTH-RELATED RESOURCES ARE PROVIDED FOR YOUR INFORMATION PURPOSES ONLY AND ARE NOT DESIGNED OR INTENDED TO BE A RECOMMENDATION FOR ANY SPECIFIC COURSE OF TREATMENT OR FOR USE IN PROVIDING ADVICE OR OPINIONS ON THE TREATMENT OR CARE OF AN INDIVIDUAL HEALTH PROBLEM.
THE SERVICE MAY CONTAIN OPINIONS AND VIEWS OF AEDIT, ITS USERS, AND FROM TIME TO TIME, THIRD PARTIES, INCLUDING IF YOU ACCESS AND/OR USE OUR INTERCOM FEATURE. HOWEVER, AEDIT DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED OR SUBMITTED BY AEDIT OR ANY OF ITS USERS OR ANY THIRD PARTY THAT ARE MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THROUGH YOUR USE OF OUR INTERCOM FEATURE.
Certain features of the Service are intended to allow you to ask questions regarding health and medicine of a general nature for informational and educational purposes only. You agree that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation or medical advice of any kind from Aedit or any individual with whom you communicate online through the Platform. Any communications through the Service should not be taken as medical advice for your personal situation, and will instead be based on the experiences of the individuals with whom you are communicating, their general education and training, and their medical education and experience. Use of the Service is not a substitute for seeing your own doctor who is familiar with your medical history. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AEDIT DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH SERVICES.
AEDIT MAKES NO REPRESENTATION AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION CONTAINED ON OR AVAILABLE THROUGH THIS APP, AND SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK AND ALL DECISIONS MADE USING THE INFORMATION PROVIDED ON THIS SITE WILL BE YOUR SOLE RESPONSIBILITY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS APP. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICE OR PLATFORM.
THE SERVICE IS NOT TO BE USED FOR EMERGENCY SITUATIONS. IF YOU REQUIRE URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOU SHOULD NOT DELAY OR DISREGARD SEEKING MEDICAL ADVICE BASED ON ANY INFORMATION YOU RECEIVE THROUGH THE SERVICE.
THESE TERMS CONTAIN A MANDATORY AND BINDING CUSTOMER ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON A CUSTOMER BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTION.
Our Service and Platform are available for use in the United States of America. Users are required to ensure that they are legally able to use our services, and if not, cease using them immediately.
You, as an individual, must be 18 years or older, and must be capable of forming a legally binding agreement and must not be barred from receiving services under the laws of the United States or other applicable jurisdiction in order to access and/or use our Service and/or access and/or use our Platform.
5. ACCESSING OUR PLATFORM AND SERVICE
1. Registration. In order to Register for our Service through our Platform, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, you may not be able to completely enjoy our Platform or Service and we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2. Amendment of Terms. You agree that Aedit retains the right to amend these Terms, Service, and Platform, including service offerings and prices at any time, for any reason. If we make any changes, modifications, or amendments to the Terms, Service, and Platform, such modifications shall be binding on you only upon your acceptance of the modified Terms. We will inform you about the modifications via email or comparable means 15 days before such modifications take effect. We will also post the modifications here and on this page. Continued use of our Service and/or Platform after any such changes shall constitute your consent to such changes.
3. Access and Use Rights. Aedit grants you a personal, limited, revocable, non-exclusive and non-transferable right to access and use the Platform and Service. These rights are exclusive to you and you may not sublicense the use of Platform and Service. Aedit expressly retains all ownership rights, title and interest in and to all aspects of the Platform and the Service, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Platform. You may not modify the Platform, or any part thereof nor create derivative works of the Platform, or any part thereof, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Platform, or any part thereof that would reveal any source code, trade secrets, know-how or other proprietary information. These rights shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Platform, or any part thereof. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Platform or Service or displayed by, on, or in the Platform or Service. You may use the Platform only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Platform after any termination or expiration of your agreement to these Terms for any reason.
4. Beta Services. We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as other services. In addition, while we do use AES-256-bit encryption to encrypt user-files, the process of uploading files to Aedit servers could result in files getting corrupted during their storage in the target cloud filestores (Google Drive or Dropbox). This might on very rare occasions, render the encrypted file(s) undecryptable. Alternately, on rare occasions, the encryption-key might get corrupted or deleted due to unforeseen circumstances rendering the file(s) irretrievable.
5. Password. You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Aedit 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. Aedit cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. Your Content.
(i) AEDIT does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Platform and the Service or use in connection with your account (the “User Content”). You remain the owner of all Content that you submit to the Service and as a condition to your use of the App and the Service, you represent and warrant to Aedit that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. You agree to indemnify and hold Aedit harmless for any violation of this section.
(ii) The copyright in the User Content that you upload belongs to you, and Aedit does not claim any ownership or license rights in or to any User Content and will not use any User Content except as set forth in this Agreement.
User Content that you upload via the Platform should be in accordance with the following and subject to the following limitation:
- Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
- Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or
- Any material sent from an anonymous or false address.
PLEASE NOTE, Aedit does not, and cannot, review all material on the Platform, and is not responsible for its content. However, Aedit reserves the right to remove, delete, move, or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. Aedit will not be liable for the User Content of any submission and you agree to indemnify and hold Aedit harmless for any violation of this provision.
6. PRICING AND PAYMENT.
The Service is a free service with limitation on features and functions which are defined on the Platform, (the “Free Service”).
7. DATA CHARGES AND MOBILE PHONES
You are responsible for any mobile charges that you may incur for using our Services and our Platform, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services and Platform.
8. AEDIT COMMUNICATIONS
By establishing an Account with Aedit, you agree to receive communications from us, including via e-mail, text messages, and push notifications.
8.1 Email. If you wish to not receive any promotional emails from Aedit please email email@example.com or follow the unsubscribe options in the promotional emails. You may not be able to unsubscribe from receiving essential Service-related and Account-related informational (transactional) emails from Aedit. If you do wish to unsubscribe from such emails, please send your request to firstname.lastname@example.org with subject line: “Unsubscribe from Aedit Transactional Emails.” Please note that unsubscribing from such emails will impact your use and enjoyment of Aedit Platform and/or Services and will impact your communication with us.
8.2 Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Services.
9. THIRD PARTY SOFTWARE AND LINKING
In providing you the Service, we will make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third-party. Aedit makes no warranty with regard to the products or website of any other entity. Aedit has no control over the content or availability of any third-party software or website. In particular (a) Aedit makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses; (b) Aedit makes no warranty regarding your third-party cloud back-up services that you will integrate to use our Service; and (c) Aedit notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns including those of your third-party cloud back-up services.
10. MONITORING OF CONTENT
You acknowledge, consent and agree that Aedit may access, preserve, and disclose your account information and Use Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Aedit, its users and the public.
11. SUSPENSION AND TERMINATION OF ACCESS AND MEMBERSHIP AND EFFECT OF TERMINATION
11.1 Suspension and Termination.
Aedit reserves the right to suspend or terminate your account and use of the App, at any time, without notice, for any reason, including but not limited to the following:
(i) Breach of these Terms, including policies or guidelines set forth by Aedit elsewhere;
(ii) Conduct that Aedit believes is harmful to other users of the Service or the business of Aedit or other third-party information providers (including excessive file transfers which affect the performance of the Aedit servers).
Further, you agree that Aedit shall not be liable to you or any third party for any termination of your access to the App. Aedit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Aedit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You may terminate your account and discontinue the use of the Platform and Service by sending a written notice to us at email@example.com and include in the subject line the following: “Re: Termination of Service”. Your account will be terminated with 10 days of Aedit receiving the notice of Termination of Service.
11.3. Effect of Termination. Upon receiving such notice, or upon our determination of termination of your access to our Platform and Service, we will send you the acceptance of the notice of Termination. Thereafter, your access to our Platform and Service will terminate on the fifth day from your receiving our confirmation. If applicable, all your User Content will be returned to you before such Termination.
12. DISCLAIMER OF THIRD-PARTY ACTIONS
You acknowledge that Aedit does not and cannot control the flow of data to or from the Service or within any portion of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third-parties can impair or disrupt your connections to the Internet (or portions thereof). Although Aedit will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to your use of the Service, Aedit cannot guarantee that such events will not occur. Accordingly, Aedit disclaims any and all liability resulting from, or related to, such events.
13. REPRESENTATIONS AND WARRANTIES BY YOU
You understand and acknowledges that all of your rights to use and access the third-party services, sites and materials and receive data arise from the third parties’ services and applicable agreements to which you must agree (“Third Party Agreements”). Accordingly, you represent and warrant that: (a) that you shall comply with and shall not violate any Third-Party Agreements; and (b) that you will not violate any applicable law or regulation or cause a breach of any agreement with any third party, in connection with the performance of its obligations and use of the Services. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Aedit shall have the right to immediately suspend any of the Services in order to prevent harm to Aedit or its business and to limit any potential liability. If practicable, Aedit may provide notice and opportunity to cure. Once cured, in Aedit’s discretion, Aedit will use reasonable efforts promptly restore the Services. You agree to indemnify and hold Aedit harmless for any liability arising from or related to your breach of the foregoing warranties.
14. DISCLAIMER OF WARRANTY.
THE APP, SITE, PLATFORM, AND SERVICE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, AEDIT MAKES NO WARRANTY THAT THE PLATFORM (OR ANY PART THEREOF) OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE PLATFORM (OR ANY PART THEREOF) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PLATFORM, INCLUDING THE SERVICE WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. AEDIT MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICE, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICE, PURCHASED, ACCESSED OR OBTAINED THROUGH THE PLATFORM OR ADVERTISED THROUGH THE PLATFORM. NO ADVICE OR INFORMATION GIVEN BY AEDIT, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, AEDIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE PLATFORM IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THIS SITE, OR ANY RESOURCE MADE AVAILABLE ON THE SERVICE OR THIS SITE, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR COMPLETE, OR MEET YOUR NEEDS OR REQUIREMENTS.
AEDIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM (A) ANY USE OF ANY PRODUCT, SERVICE, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE MATERIALS PROVIDED ON THE SERVICE; AND/OR (B) YOUR ONLINE OR OFFLINE INTERACTIONS WITH ANY OTHER USER OF THE SITE, INCLUDING ANY HEALTHCARE PROVIDER LISTED ON THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT AEDIT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK AEDIT LIABLE, FOR ANY ADVICE OR INFORMATION PROVIDED BY ANY PROVIDER TO WHOM YOU ARE INTRODUCED THROUGH THE SERVICE AND/OR THE CONDUCT OF YOUR PROVIDER OR ANY OTHER USERS OR THIRD PARTIES ON THE SERVICE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM YOUR INTERACTIONS WITH YOUR PROVIDER OR ANY OTHER SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT AEDIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR ANY CARE PLANS PROVIDED BY YOUR PROVIDER OR THE SERVICE.
15. RULES OF CONDUCT
a. The following Rules of Conduct apply to the access and/or use of our Platform and/or Service. By using/accessing our Platform and/or Service, you agree that you will not distribute any Content that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Platform (or any part thereof) or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of Platform;
- does not generally pertain to the designated topic or theme of Platform;
- violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or
- is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
b. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Service, which include, without limitation, use of the Service and/or Platform to: