Terms of Service
These Terms of Service ("Terms") govern your access to and use of the websites, mobile applications, APIs, and related services (collectively, the "Services") provided by Bariatric AI ("Bariatric AI," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms.
Important. The Services do not provide medical advice and are not a substitute for professional medical judgment. See our Medical Disclaimer and Section 6 below.
1. Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements.
2. Accounts
2.1 Account creation
You agree to provide accurate information and to keep it up to date. You are responsible for all activity under your account and for safeguarding your credentials.
2.2 Clinic accounts (B2B)
Where a clinic or healthcare organization ("Clinic Customer") provides you access to the Services, the Clinic Customer is responsible for your use of the Services, and additional terms in the executed Business Associate Agreement and Master Services Agreement may apply.
3. Subscription Plans & Payment
- B2B Affiliate plans (clinics referring patients) are free to join. Clinics earn a commission (20–35%, based on active Pro patient volume) on each referred patient's Pro subscription; no fee is charged to the clinic.
- B2B White Label plans are billed monthly per clinic instance: Starter ($349/mo, up to 50 patients), Growth ($599/mo, up to 150 patients), or Clinic ($999/mo, unlimited patients). Affiliate commissions on Pro patients apply on top of the White Label subscription fee.
- B2C plans: Free (30-day full-access trial, no credit card required) and Pro ($12/mo, or $10.80/mo billed annually), billed monthly or annually unless otherwise stated.
- Fees are non-refundable except where required by law.
- We may change prices on notice; changes apply at the start of the next billing cycle.
- You authorize us and our payment processors to charge the payment method on file.
4. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose.
- Reverse-engineer, scrape, or attempt to extract source code or training data.
- Upload malicious code, false data, or content infringing third-party rights.
- Use the Services to make autonomous diagnostic or treatment decisions without qualified clinician oversight.
- Interfere with the security or operation of the Services.
5. AI Outputs
The Services generate information using AI models and a retrieval-augmented knowledge base of peer-reviewed literature. AI outputs may be incomplete, outdated, or incorrect. You are responsible for evaluating outputs before relying on them, and clinicians remain solely responsible for clinical decisions.
6. Clinical Use & Safety
The Services are intended as a clinical decision-support and patient-engagement tool, not as a medical device making autonomous diagnoses. The Services do not provide emergency care. In case of a medical emergency, call your local emergency number immediately.
7. Intellectual Property
All right, title, and interest in and to the Services, including all software, models, content, and trademarks, are and remain the exclusive property of Bariatric AI and its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.
8. Your Content
You retain ownership of content you submit ("User Content"). You grant Bariatric AI a worldwide, royalty-free license to host, process, and display User Content as necessary to operate the Services. We may use de-identified, aggregated data to improve the Services, consistent with our Privacy Policy and applicable law (including HIPAA).
9. Third-Party Services
The Services may link to or integrate with third-party services. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.
10. Termination
You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms or to protect the integrity of the Services. Provisions that by their nature should survive termination will survive (e.g., IP, disclaimers, limitations of liability).
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARIATRIC AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.
13. Indemnification
You agree to indemnify and hold harmless Bariatric AI and its affiliates from any claim arising out of your violation of these Terms, your User Content, or your use of the Services in a manner not authorized by these Terms.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of Argentina, without regard to conflict-of-law principles. The parties agree to submit to the exclusive jurisdiction of the courts located in Buenos Aires, Argentina, except where prohibited by law. [Arbitration / class-action waiver clauses to be drafted with counsel.]
15. Changes to These Terms
We may update these Terms. Material changes will be communicated through the Services or by email. Continued use of the Services after changes take effect constitutes acceptance.
16. Contact
Bariatric AI
Buenos Aires, Argentina
Email: legal@bariatricai.io
This document is a wireframe placeholder. Final wording must be reviewed and approved by qualified legal counsel before publication.