1. These Terms of Use
These Terms of Use describe how Lind uses your data, your rights, and your responsibilities when using Lind AI's website located at www.lind.care (the "Website") and any services, features, content, or applications offered by Lind AI, INC. ("Lind AI," "we," "us," or "our") (collectively, the "Services").
Welcome! We are honored that you are interested in using our Services to explore clinical trials and related health information. We built Lind AI to help individuals and their caregivers navigate the clinical trial landscape with greater clarity and confidence.
We understand that health is a very personal and sensitive subject. We take your trust in us seriously and are committed to protecting your privacy and the information you share with us. We encourage you to review our Privacy Policy and Consumer Health Data Policy, which describe how we collect, use, and protect your information.
Please read and review these terms of use (the "Terms") carefully before using the Website or any of our Services. If you do not agree with these Terms, you should not access or use the Website or any Services.
These Terms are the legal agreement between you ("you" or "your") and Lind AI governing your use of the Website and Services. These Terms apply to all visitors, users, and others who access or use the Website or Services (collectively, "Users").
Your use of our Services constitutes acceptance of these Terms. By accessing or using the Website or any Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Changes to These Terms
We will notify you when we revise and update these Terms from time to time (in our sole discretion). All changes will be effective as soon as we post them, except that changes to the dispute resolution provisions set out in the "Governing Law and Jurisdiction" section will not apply to any disputes already notified on or before the date the change is posted on the Website.
Your continued use of the Website or any Services after we notify you, represents your acceptance of the new Terms.
3. Accessing the Website
You must be at least 18 years of age to use the Website and Services. If you are under 18, you may only use the Website and Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Website and Services, you represent and warrant that you meet these requirements.
To access certain features of the Website or Services, you may be required to register for an account ("Account") and provide certain information, including a username and password (your "Credentials"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality and security of your Credentials and Account information, and for any use of your Account.
Immediately notify us at security@lind.care if you become aware of any unauthorized use of your Credentials or Account, or any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We are not liable for any loss or damage arising from your failure to comply with this Section.
4. Not a Substitute for Medical Advice
You should always confirm any information made available through our Services with your own physician or other qualified healthcare provider ("Clinician") before making any decisions regarding your health or treatment. Lind AI is not a healthcare provider and does not provide medical advice, diagnosis, or treatment.
None of the information made available through our Services constitutes medical advice, and any information regarding clinical trials, conditions, treatments, or other health-related topics is provided for informational purposes only. You should not rely on the Services as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always seek the advice of your Clinician with any questions you may have regarding a medical condition or treatment.
YOU ACKNOWLEDGE AND AGREE THAT LIND AI DOES NOT PROVIDE, AND THE SERVICES AND RELATED INFORMATION DOES NOT INCLUDE OR PROVIDE, AND IS NOT A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE OR DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITIONS.
5. Limitations of Our Services
Our Services inform you of clinical trials ("Trials") that may be relevant to you based on the information you provide. We aggregate publicly available information about Trials and present it to you in an accessible and understandable format.
We only present Trials that have been registered with ClinicalTrials.gov, a database maintained by the U.S. National Library of Medicine. While we strive to provide accurate and up-to-date information, we cannot guarantee the completeness, accuracy, or timeliness of the Trial information presented through our Services.
Further, we do not facilitate Trials and have no control over the conduct, safety, or outcomes of any Trial. We are not responsible for the actions or omissions of any Trial sponsor, investigator, or site (collectively, "Trial Providers"). Your participation in any Trial is entirely voluntary and at your own risk.
Lind AI makes no representations or warranties regarding the suitability, safety, or efficacy of any Trial for you. You should always consult with your Clinician before deciding to participate in any Trial.
6. Protecting Your Privacy
We know that by providing us with any information, including health-related information, you are placing your trust in us. We take this responsibility seriously and are committed to protecting your privacy and the security of your information.
Lind AI's Privacy Policy and Consumer Health Data Policy describe in detail how we collect, use, store, and protect your information. These policies are incorporated by reference into these Terms and form an integral part of these Terms.
By using the Services, you are agreeing that Lind AI may use and process your information in accordance with our Privacy Policy and Consumer Health Data Policy.
7. Protecting and Keeping Information Confidential
We treat all information you provide to us through the Services, including personal information, health information, and any other data you submit ("User Information"), as confidential. We will use commercially reasonable administrative, technical, and physical safeguards to protect your User Information from unauthorized access, use, or disclosure.
In the event of a security incident that results in unauthorized access to, or disclosure of, your User Information ("Security Incident"), we will notify you promptly in accordance with applicable law. We will take reasonable steps to mitigate the effects of any Security Incident and to prevent future occurrences.
Notwithstanding the foregoing, we may disclose your User Information in the following circumstances:
- (a) With your express consent or at your direction;
- (b) To our service providers, contractors, and agents who need access to such information to carry out work on our behalf and who are bound by contractual obligations to keep your User Information confidential;
- (c) To comply with applicable law, regulation, legal process, or governmental request;
- (d) To protect the rights, property, or safety of Lind AI, our Users, or the public as required or permitted by law.
We may disclose your User Information when required by law, regulation, or legal process, such as a court order or subpoena, or when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others.
8. Ownership Matters
This section describes the intellectual property rights related to the Services, your User Information, and the responsibilities associated with each.
8.1 Lind AI Intellectual Property
The Website and Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof), are owned by Lind AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Lind AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Lind AI or its affiliates or licensors. You must not use such marks without the prior written permission of Lind AI. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Nothing in these Terms grants you any right, title, or interest in or to the Website, Services, or any content therein, other than the limited right to use the Services in accordance with these Terms.
8.2 You Retain Ownership of Your User Information
You retain all rights, title, and interest in and to your User Information. Nothing in these Terms transfers ownership of your User Information to Lind AI.
You may request deletion of your User Information at any time by contacting us at support@lind.care or by using any self-service deletion features available through the Services. Upon receiving your request, we will delete your User Information in accordance with our Privacy Policy, subject to any legal obligations that may require us to retain certain information.
8.3 Limited License to Your User Information
By submitting User Information through the Services, you grant Lind AI a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, display, and distribute your User Information solely for the purposes of providing, improving, and developing the Services and as otherwise described in our Privacy Policy.
This license is limited to the purposes described above and does not grant Lind AI the right to sell your User Information or to use it for purposes unrelated to the Services.
8.4 Representations and Warranties
By submitting User Information through the Services, you represent and warrant that:
- (a) You own or have the necessary rights, licenses, consents, and permissions to submit the User Information and to grant the license described in Section 8.3;
- (b) Your User Information does not violate the privacy rights, publicity rights, intellectual property rights, or other rights of any third party;
- (c) Your User Information is accurate and not misleading, and does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.
8.5 Responsibility for Your User Information
You are solely responsible for your User Information and the consequences of submitting it through the Services. Lind AI does not endorse any User Information or any opinion, recommendation, or advice expressed therein.
We reserve the right, but are not obligated, to review, monitor, or remove User Information at our sole discretion and without notice, for any reason, including if we determine that User Information violates these Terms or applicable law.
You agree to cooperate with us in responding to any claims or inquiries related to your User Information, including providing any information we may reasonably request.
8.6 Your Consumer Health Data
To the extent that any of your User Information constitutes "consumer health data" under applicable state laws (such as the Washington My Health My Data Act), Lind AI will collect, use, share, and retain such data in accordance with our Consumer Health Data Policy and applicable law. You have specific rights with respect to your consumer health data as described in our Consumer Health Data Policy.
9. Conditions of Using the Services
Our services are for your personal non-commercial use only. You may use the Services only for lawful purposes and in accordance with these Terms.
As a condition to using the Services, you agree that you will not:
- (a) Use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity;
- (b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (c) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- (d) Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means;
- (e) Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
- (f) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of any part of the Services;
- (g) Modify, adapt, translate, or create derivative works based on the Services or any part thereof;
- (h) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;
- (i) Use the Services to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- (j) Use the Services to collect or store personal data about other Users without their express consent;
- (k) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services.
10. Commissions from Trial Providers
The order in which Trials are displayed to you is always based on relevance to the information you provide and other objective criteria. We strive to present Trials in a manner that is most helpful and relevant to you.
In some cases, we are compensated by Trial Providers for connecting Users with their Trials or for other services we provide to them. Such compensation does not influence the order in which Trials are displayed to you or the information we present about any Trial. We are committed to transparency and will clearly disclose any material relationships with Trial Providers that may affect the information presented through our Services.
11. Ending this Agreement
You may terminate this Agreement by ceasing to use the Website and Services and, if applicable, by deleting your Account. Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Lind AI may also in its sole discretion terminate or suspend your access to all or part of the Services at any time, with or without notice, for any reason, including without limitation, breach of these Terms. Upon termination by Lind AI, we will handle your User Information in accordance with our Privacy Policy.
12. Warranties and Limitations of Liability
12.1 Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIND AI NOR ANY PERSON ASSOCIATED WITH LIND AI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LIND AI NOR ANYONE ASSOCIATED WITH LIND AI REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, LIND AI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
12.2 Limitations of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LIND AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIND AI FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID LIND AI, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT LIND AI HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
13. Indemnity
You agree to defend, indemnify, and hold harmless Lind AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- (a) Your violation of these Terms;
- (b) Your use of the Services, including but not limited to your User Information, any use of the Website's content, services, and products other than as expressly authorized in these Terms;
- (c) Your use of any information obtained from the Services;
- (d) Your violation of any applicable law, rule, or regulation.
14. Dispute Resolution
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Miscellaneous Terms
15.1 Waiver and Severability
No waiver by Lind AI of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lind AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
15.2 Entire Agreement
These Terms, together with our Privacy Policy and Consumer Health Data Policy, constitute the sole and entire agreement between you and Lind AI regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
15.3 Your Comments and Concerns
This website is operated by Lind AI, INC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@lind.care.