These Terms of Service ("Terms") govern access to and use of memalgo.ai and the MemAlgo products and services (the "Services"), provided by MemAlgo AI LLC in the United States and MemAlgo AI LLP in India ("MemAlgo," "we," "us"). By accessing or using the Services, you agree to these Terms and to our Privacy Policy.
What MemAlgo provides
MemAlgo provides software for clinical documentation: an electronic health record ("EHR") and an AI scribe that transcribes clinical consultations in real time and generates draft clinical notes for review by the treating clinician. The Services are documentation tools - not a medical device - and do not provide diagnosis, treatment, or clinical decision-making.
Not for emergencies. If you or a patient is in danger, contact local emergency services immediately. In the US, call or text 988. In India, call Tele-MANAS at 14416 or iCall at +91 9152987821.
Who may use the Services
The Services are intended for licensed or registered healthcare providers and authorised users acting on behalf of a Customer (a hospital or clinic). They are not intended for patients or direct-to-consumer use. Customers manage their own users and are responsible for credentials, account accuracy, and all activity under their accounts.
Acceptable use
You may use the Services only for legitimate clinical documentation and related administrative purposes. You will not:
- Reverse-engineer, copy, resell, or create derivative works of the Services;
- Attempt unauthorised access, or interfere with or disrupt the Services;
- Upload unlawful, infringing, or harmful content, or misrepresent your identity;
- Scrape, frame, or probe the Services, or use them to build a competing product.
We may suspend or terminate access where your use poses a risk to the Services, patients, or others, or violates these Terms or applicable law.
Intellectual property and your data
MemAlgo and its licensors own all rights in the Services and related software, models, and documentation. The Customer owns its patient data and other Customer Data, and grants MemAlgo a limited licence to process it solely to provide, secure, and support the Services under the applicable BAA or DPA. MemAlgo does not use patient data to train or fine-tune AI models. Feedback may be used by MemAlgo without restriction.
Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. AI-GENERATED OUTPUT MAY CONTAIN ERRORS. ALL CLINICAL DECISIONS, AND RESPONSIBILITY FOR REVIEWING, CORRECTING, AND APPROVING DOCUMENTATION, REMAIN SOLELY WITH THE TREATING CLINICIAN.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS, AND MEMALGO'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO MEMALGO FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. THESE LIMITS DO NOT APPLY WHERE PROHIBITED BY LAW.
You will defend and indemnify MemAlgo and its affiliates against third-party claims arising from your violation of these Terms or applicable law.
Termination
Either party may terminate the applicable customer agreement. We may suspend or terminate access where reasonably necessary to prevent a security incident, legal liability, or harm. On termination, the Customer may export its data within the agreed period, after which we will delete or de-identify it, except copies required by law or held in routine backups purged on a defined cycle.
United States - governing law and disputes
For US use, these Terms are governed by the laws of the State of Delaware, and where PII is involved the applicable BAA governs. Except where prohibited, disputes will be resolved by binding individual arbitration under the Federal Arbitration Act (AAA rules), with a waiver of jury trial and class actions. You may opt out by emailing legal@memalgo.ai within 30 days of first acceptance. Either party may bring an individual small-claims action or seek injunctive relief for IP or unauthorised-access matters.
India - governing law and disputes
For use in India, these Terms are governed by the laws of India, with exclusive jurisdiction of the courts at Bengaluru, Karnataka, subject to arbitration. After a 30-day attempt at amicable resolution, disputes will be finally settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator seated in Bengaluru, in English. Users remain responsible for complying with the Telemedicine Practice Guidelines, 2020 and, for mental-health care, the Mental Healthcare Act, 2017. Nothing here limits non-waivable rights under the Consumer Protection Act, 2019.
Changes
We may update these Terms from time to time. Material changes will be reflected in the "Last updated" date above. Continued use after changes take effect constitutes acceptance.