Terms of Service
1. These Terms of Use
These Terms of Use describe how Lind uses your data to provide services to you, and outlines the agreement you enter when using our services. . You should read these terms thoroughly, but for your convenience, we provide annotations in boxes like this one throughout.
Please note that these annotations have no legal effect and are not part of our official terms.
Welcome! We are honored that you have chosen Lind AI to assist you in your care journey.
We understand that health is a very personal and private subject. As such securing your health data and respecting your privacy choices forms the core of Lind AI and is central to our mission of navigating patients to potential treatment options. We pledge to protect your privacy and keep your personal information secure and confidential, putting you in control of your health data. We will not disclose or distribute your information to any third party without your explicit permission. For information on how we use your information, please see our Privacy Policy.
Please read and review these terms of use (these “Terms”) carefully as they include details regarding your ownership and rights to your health data and how we use and protect your data when you access our website and services.
These Terms are the legal agreement between you (“you” or “your”) and Lind AI Inc. (“Lind AI”, “we”, or “us”) surrounding your use of our online tool that uses your shared medical record information to provide matches to care options (the “Services”).
Your use of our Services constitutes acceptance of these Terms. If you do not agree to these Terms, please exit this site immediately.
2. Changes to These Terms
These terms may change from time to time. We will notify you when they change. After you receive this notification, your continued use of the website and services will represent your acceptance of any changes to the 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
It is important that anyone using the services on your behalf (whether supervising you as a legal guardian or serving as your proxy) also understands and agrees to these Terms.
While it is our top priority to provide you with uninterrupted support, on rare occasion, part or all of the services may be unavailable or terminated. We will make every effort to inform you in advance when possible.
Using the Services requires that you are at least 18 years of age and with capacity to enter into legal agreements, or under the supervision of a legal guardian who agrees to these Terms on your behalf and agrees to be responsible for your use of the Services. If you are a parent or legal guardian of a user under the age of 18 or who lacks capacity to enter legal agreements, you agree to be fully responsible for such person’s use of the Services.
To use the Services, you will need to register an account (“Account”) and set up a username and password (your “Credentials”). When registering your Account, you agree to provide and maintain accurate, current and complete information. Please see our Privacy Policy for information on how we handle the registration data and certain other information you provide to us when you use our Services.
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 including unauthorized disclosure of your Credentials.
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
While we seek to provide the most accurate and informed information, the material provided by Lind is not intended to substitute the advice or care of a medical professional. We encourage the use of our services to support shared-decision making with your care provider.
As medical knowledge and practice recommendations are constantly advancing, you are advised to confirm all Trial and other information received through our Services with your physician or other qualified healthcare professional (each a “Clinician”).
None of the information made available through our Services constitutes medical advice or a recommendation or endorsement of any specific Trial. Clinical decisions informed by any information made available through our Services are at one’s own risk and Lind AI is not responsible for your actions or decisions.
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
It is important to note that the clinical trials we display are dependent on the completeness and quality of both your provided health record information as well as the information about each clinical trial provided by the trial sponsor during registration with clinicaltrials.gov.
While our goal is to provide you with the information to best guide your care discussions, we cannot guarantee enrollment on any trial. Final determination of eligibility will be determined by the treating physician and research team.
Our Services inform you of clinical trials (“Trials”) that we believe, based on your User Information, may be applicable to you. Note that the Trials we display depend on the User Information we receive from you, and while we endeavor to present you with as many applicable Trials as possible, we do not promise that we have identified every applicable Trial.
We only present Trials that have been registered with ClinicalTrials.gov. However, we do not promise that all Trials will be relevant or that the Trial information will be accurate, current or comprehensive. We also do not promise that you will be able to successfully enroll in any Trial or that you will receive a response from any Trial Providers.
Further, we do not facilitate Trials and have no control over the providers of any Trials (“Trial Providers”). We cannot guarantee and accept no responsibility for any loss or damage that may arise from your use of Trial Provider websites, the availability of any Trial at any particular time, or any canceled Trials or Trials to which you are not admitted.
Lind AI makes no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person in respect of any Trial.
6. Protecting Your Privacy
You can trust us with your User Information, which may include your personal health information and patient records. Please see our Privacy Policy and Consumer Health Data Policy to learn more about how we use and protect your data.
We know that by providing us with any information, you are trusting us to handle it appropriately. In the course of using our Services, you may provide to us certain personal information, protected health information, and other relevant details or personal information (collectively, your “User Information”).
Lind AI’s Privacy Policy Consumer Health Data Policy (together, our “Privacy Notices”) govern our collection and use of and how we treat your User Information.
By using the Services, you are agreeing that Lind AI may use and share your User Information in accordance with the Lind AI Privacy Notices.
7. Protecting and Keeping Information Confidential
We understand that the confidentiality and privacy of your User Information is paramount. Accordingly, security is a top priority for us for any of your User Information that Lind AI processes.
We employ industry standard security measures to protect your User Information and will keep it confidential except in limited circumstances as required by law. We will notify you if a Security Incident impacts your User Information.
We will treat your User Information as confidential information and only use and disclose it in accordance with these Terms (including our Privacy Notices). We employ industry standard security measures in storing and processing your User Information, and protect it using appropriate technical, organizational, and administrative systems, policies, and procedures.
If we become aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, your User Information (a “Security Incident”), we will take reasonable steps to notify you without undue delay. Such notification shall not be interpreted or construed as an admission of fault or liability by Lind AI. A Security Incident does not include unsuccessful attempts or activities that do not compromise the security of your User Information.
Your User Information is not regarded as confidential information if such User Information: (a) is or becomes public (other than as a result of our breach of these Terms); (b) was lawfully known to us before receiving it from you; (c) is received by us from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by us without reference to your User Information.
We may disclose your User Information when required by law or legal process. However, prior to doing so we will, if permitted by law, use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
8. Ownership Matters
Our Services belong to us, your User Information belongs to you, and we each grant each other the rights necessary to make use of the Services. When you use our Services, you keep what is yours and allow us to use it only as necessary to continue providing and improving our Services as stated in our Privacy Notices.
Remember, the value of our Services depends on the accuracy of your User Information. It is your responsibility to ensure your User Information is accurate, complete, and kept up to date.
8.1. Lind AI Intellectual Property.
Lind AI or our licensors are the owners of the Services and related intellectual property rights.
The “Lind AI” our logos and any slogans or similar “marks” are trademarks of Lind AI and our permission is needed before you use any of our marks.
All other names, logos, product and service names, designs, and slogans on our website are the trademarks of their respective owners.
8.2. You Retain Ownership of Your User Information.
As we own our materials, you retain ownership of your User Information and related intellectual property rights. We do not claim ownership over any of your User Information, and these Terms do not grant us any licenses or rights to your User Information except for the limited license described below
8.3. Limited License to Your User Information.
You hereby grant Lind AI a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your User Information, but only for the limited purposes of providing and improving the Services and as permitted by our Privacy Notices.
Where permitted under applicable law, the license you grant us for these limited purposes continues even after you stop using our Services with respect to aggregate and de-identified data derived from your User Information and any residual backup copies of your User Information made in the ordinary course of Lind AI’s business (and subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services.
8.4. Representations and Warranties.
You are responsible for your User Information, and you must ensure that you have all the rights and permissions needed to use that User Information in connection with the Services.
We are not responsible for what you do with your User Information and may refuse to utilize your User Information to provide you with any Services if we believe your User Information has been inappropriately shared with us or violates the rights of any party.
By using the Service and providing us with your User Information, you represent and warrant that:
(a) you own or control the appropriate rights in and to your User Information, including any intellectual property owned by third parties, this includes with respect to patient health records obtained from your third party healthcare providers;
(b) you will ensure your User Information is accurate, complete and up to date at all times; and
(c) you will not submit any offensive, unlawful, objectionable, defamatory or otherwise harmful materials.
8.5. Responsibility for Your User Information.
Our Services are designed to provide you with information regarding Trials facilitated by Trial Providers. We only provide your User Information to Trial Providers in limited circumstances, and always with your consent.
Otherwise, your relationship with a Trial Provider is between you and the Trial Provider. Subject to applicable laws, Lind AI is not liable for your User Information, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such User Information or other third-party content or materials.
To satisfy applicable laws and our legal obligations, we may need to review your User Information to determine whether it is illegal or whether it violates these Terms, and may also modify, prevent access to, delete, or refuse to display your User Information that we believe violates the law or these Terms.
8.6. Your Consumer Health Data.
Our Services may permit you to connect third party services, including for collection of your Consumer Health Data, as further described in our Consumer Health Data Policy.
9. Conditions of Using the Services
Included in these Terms are specific restrictions on things you should be aware of that you are not permitted to do with or through the Services.
Our services are for your personal non-commercial use only. You may not use or permit the use of your Account by any other person except for your legal guardian or caretaker, and may not use the Services for the benefit of any other person.
As a condition to using the Services, you agree that you will not:
10. Commissions from Trial Providers
We are committed to providing you with the most informed and unbiased care options. The Trials and order of the Trials presented to you will never be influenced by any partnership with or compensation received from a Trial provider.
The order in which Trials are displayed to you is always based on the alignment between the Trial requirements and your User Information.
In some cases, we are compensated by Trial Providers when you are successfully enrolled in a Trial you find through our Services. You will always be able to see whether a Trial Provider has compensated or offered to compensate us before you apply for the Trial, and we will never give priority to a Trial solely because we may be compensated for your participation.
11. Ending this Agreement
You may terminate your participation in the Services at any time.
You may terminate this Agreement by ceasing to use the Website and Services at any time. You can also always email us at support@lind.care and request that we close your Account.
Lind AI may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that Lind AI shall not be liable to you or any third-party for any such termination or suspension. The following Sections shall survive the termination of these Terms and shall apply indefinitely: 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, and 15.
12. Warranties and Limitations of Liability
Our Services will perform and function in accordance with these Terms.
12.1. Disclaimer of Warranties
THE SERVICES AND ANY TRIALS, INFORMATION, REFERRALS, LINKS OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIND AI AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LIND AI AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE AVAILABLE THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12.2. Limitations of Liability
In the event of a dispute, we won’t owe more than $100.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIND AI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE WEBSITE OR SERVICES, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH LIND AI, EVEN IF LIND AI OR A LIND AI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE LIND AI’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF LIND AI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED ONE HUNDRED ($100) U.S. DOLLARS.
13. Indemnity
If we get sued because of something you do using our Services or because you violate these Terms, we expect that you will step into defend us in that lawsuit and pay any damages awarded.
By using our Services and agreeing to these Terms, you agree to defend, indemnify, and hold harmless Lind AI, its affiliates, licensors, agents and service providers and its and their respective 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) any unauthorized use of your Account; (c) your User Information; or (d) your negligence or willful misconduct.
14. Dispute Resolution
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule which would cause the application of the laws of any other jurisdiction.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website, Information or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. 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 OF USE OR THE WEBSITE, INFORMATION, SERVICES OR THIRD PARTY PRODUCTS 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
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 the Terms will continue in full force and effect.
2. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Lind AI regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, Information or Services.
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.
