Terms of Service
Please read these Terms of Service carefully before using AyudaMedico's healthcare services. These terms govern your use of our platform and establish the legal agreement between you and AyudaMedico.
Important Legal Notice
By accessing or using AyudaMedico's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you must discontinue use of our services immediately.
1. Acceptance of Terms
By accessing or using AyudaMedico's website, mobile applications, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Services.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and AyudaMedico, Inc. ("AyudaMedico," "we," "us," or "our"). Your use of our Services indicates your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference.
We reserve the right to modify these Terms at any time. Material changes will be communicated through email or prominent notice on our website. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.
2. Description of Services
2.1 Healthcare Services
AyudaMedico provides the following healthcare services:
- Cancer screening and early detection laboratory tests
- Risk assessment tools for various cancer types
- Telemedicine consultations with licensed healthcare providers
- Medical test result delivery and interpretation
- Educational resources about cancer prevention and screening
- Appointment scheduling and lab location services
2.2 Service Limitations
Our Services are subject to the following limitations:
- Services are available only in jurisdictions where we are licensed to operate
- Certain tests and services may require physician authorization
- Results delivery times may vary based on test complexity
- Insurance coverage varies by plan and provider
- Services may be temporarily unavailable for maintenance or technical issues
2.3 Not Emergency Services
Our Services are NOT for medical emergencies. If you are experiencing a medical emergency, call 911 or visit your nearest emergency room immediately. Do not use our Services for urgent medical situations requiring immediate attention.
3. User Eligibility & Account Registration
3.1 Eligibility Requirements
To use our Services, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Reside in a jurisdiction where our Services are available
- Provide accurate and complete registration information
- Not be prohibited from using our Services under applicable law
3.2 Minor Consent
Services for minors (under 18) require parental or legal guardian consent. The consenting adult assumes all responsibilities under these Terms for the minor's use of our Services.
3.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized access
- Ensuring your account information remains accurate and current
- Not sharing your account with others
4. Medical Disclaimer & Limitations
4.1 Not a Substitute for Medical Care
IMPORTANT MEDICAL DISCLAIMER: The Services, information, and content provided by AyudaMedico are for informational and screening purposes only. They do not constitute medical advice, diagnosis, or treatment and should not be used as a substitute for professional medical care.
4.2 Healthcare Provider Relationship
Using our Services does not create a doctor-patient relationship unless you engage in a direct consultation with one of our licensed healthcare providers. You should:
- Consult with your personal physician about test results
- Not delay seeking medical attention based on our content
- Discuss any health concerns with qualified healthcare professionals
- Follow up on abnormal results with appropriate medical care
- Maintain regular care with your primary care provider
4.3 Test Limitations
Laboratory tests and screening services have inherent limitations:
- No test is 100% accurate; false positives and false negatives can occur
- Screening tests may not detect all cases of disease
- Results must be interpreted in clinical context
- Follow-up testing may be necessary for conclusive diagnosis
- Results reflect condition at time of testing only
5. User Responsibilities & Conduct
5.1 Accurate Information
You agree to provide:
- Truthful and accurate personal and medical information
- Complete medical history relevant to requested services
- Current and valid insurance information
- Updated contact information for result delivery
- Honest responses to health questionnaires
5.2 Prohibited Uses
You agree NOT to:
- Use the Services for any unlawful purpose
- Impersonate another person or entity
- Submit false or fraudulent information
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Use automated systems to access the Services without authorization
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit harmful code or malware
- Engage in any activity that could harm AyudaMedico or other users
5.3 Sample Collection
For at-home test kits, you agree to:
- Follow all collection instructions carefully
- Properly store and return samples as directed
- Understand that improper collection may affect results
- Comply with shipping and handling requirements
6. Payment & Billing Terms
6.1 Pricing
Prices for our Services are displayed on our website and are subject to change. We reserve the right to modify pricing with notice. You agree to pay all fees associated with Services you request.
6.2 Insurance
If using insurance:
- You are responsible for verifying coverage and benefits
- We will submit claims on your behalf when applicable
- You remain responsible for any amounts not covered by insurance
- Deductibles, copays, and coinsurance are your responsibility
- We cannot guarantee insurance payment or coverage
6.3 Payment Methods
We accept various payment methods including credit cards, debit cards, and health savings accounts (HSA/FSA). Payment information is processed securely through PCI-compliant payment processors.
6.4 Refund Policy
Due to the nature of laboratory services:
- Refunds are generally not available once specimens are processed
- Cancellations must be made before specimen collection
- We will work with you to resolve billing disputes
- Certain services may be eligible for refunds at our discretion
7. Intellectual Property Rights
7.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to:
- Text, graphics, logos, images, and software
- Trademarks, service marks, and trade names
- Website design, layout, and architecture
- Algorithms, risk assessment tools, and proprietary methods
- Educational content and medical information
are owned by AyudaMedico or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. You may not:
- Reproduce, modify, or create derivative works
- Distribute, sell, or transfer any content
- Reverse engineer or decompile any software
- Remove copyright or proprietary notices
- Use our trademarks without written permission
8. Privacy & Data Protection
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.
Key privacy commitments:
- HIPAA compliance for Protected Health Information
- Secure encryption of data in transit and at rest
- Limited access to personal information on a need-to-know basis
- No sale of personal or health information to third parties
- Transparent data practices and user control
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
9.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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.
9.2 Limitation of Damages
AYUDAMEDICO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM:
- Your use or inability to use the Services
- Any unauthorized access to or use of our servers
- Any interruption or cessation of Services
- Any errors or omissions in content
- Any defect, delay, or failure in Services
9.3 Maximum Liability
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9.4 Exceptions
Some jurisdictions do not allow limitation of certain warranties or damages. In such jurisdictions, the above limitations may not apply to the fullest extent.
10. Indemnification
You agree to indemnify, defend, and hold harmless AyudaMedico, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of any applicable law or regulation
- Any information or content you provide through the Services
11. Dispute Resolution & Arbitration
11.1 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@ayudamedico.com. We will attempt to resolve the dispute through good faith negotiations.
11.2 Binding Arbitration
If informal resolution fails, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
11.3 Arbitration Rules
- The arbitration shall be conducted in English
- The arbitration venue shall be in [Your State/City]
- The arbitrator's decision shall be final and binding
- Each party bears their own costs unless otherwise awarded
- Class actions and class arbitrations are prohibited
11.4 Exceptions
Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to data.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting customer support. Termination does not relieve you of obligations for fees incurred before termination.
12.2 Termination by Us
We reserve the right to suspend or terminate your access to the Services:
- For violation of these Terms
- For fraudulent or illegal activity
- If we cease offering Services in your jurisdiction
- For any reason with or without notice
12.3 Effect of Termination
Upon termination:
- Your right to use the Services immediately ceases
- We may delete your account and data (subject to legal retention requirements)
- Provisions that by nature should survive termination shall survive
13. General Provisions
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your State], without regard to its conflict of law provisions.
13.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13.3 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
13.4 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and AyudaMedico regarding the Services.
13.5 Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
13.6 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, pandemic, labor disputes, or governmental actions.
Questions About These Terms?
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact our legal team:
legal@ayudamedico.com
Phone
1-800-AYUDA-MED (1-800-298-3263)
Mailing Address
AyudaMedico Legal Department
123 Healthcare Plaza, Suite 500
Medical City, MC 12345
Acknowledgment of Understanding
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that these Terms constitute a legally binding agreement between you and AyudaMedico, and that you have had the opportunity to seek independent legal advice if desired.
