Terms
Terms of Service
These Terms govern access to and use of iMed websites, web applications, mobile applications, kiosk/device workflows, APIs, and related services, unless a separately signed agreement says otherwise.
Agreement and contracting order
- By using iMed, creating an account, administering an institution workspace, enrolling a device, or allowing personnel to use the service, the customer and each user agree to these Terms. If iMed and an institution sign an order form, service agreement, business associate agreement, data processing agreement, or other written contract, that signed contract controls where it conflicts with these online Terms.
Institution responsibility
- iMed is provided for institution-run operations. The institution is solely responsible for who may use the service, which roles they hold, what patient or resident data they may access, device control, staffing, escalation, record review, and whether iMed is appropriate for its workflows.
No clinical or emergency service
- iMed is workflow, communication, documentation, device-management, and operational software. iMed does not practice medicine, provide clinical judgment, diagnose, prescribe, triage, monitor patients, replace licensed professionals, or serve as an emergency service, life-safety system, alarm system, nurse-call replacement, or guaranteed communications channel.
Data, regulated information, and providers
- Customer content remains the responsibility of the institution and authorized users. If protected health information, personal health information, or other regulated data is involved, the institution must use iMed only under the required signed agreements, notices, authorizations, policies, and legal bases. iMed may use hosting, authentication, messaging, analytics, translation, AI, communications, app-store, device-management, and other providers to operate the service.
Automation, AI, and transcripts
- AI, transcription, translation, summarization, classification, notification, and automation features are assistive operational tools only. Outputs may be incomplete, delayed, inaccurate, unsafe for unsupported uses, or unsuitable for clinical reliance without human review. Voice sessions, transcripts, summaries, tool calls, device events, request events, and audit records may be saved and displayed in patient or resident history, operational logs, compliance views, and support workflows.
Acceptable use and security
- Users may not use iMed unlawfully, deceptively, harmfully, abusively, outside the authority granted by the responsible institution, or with content they are not authorized to submit. Users may not interfere with the service, test security without written permission, introduce malware, scrape data, or bypass access controls. iMed may suspend, limit, revoke, preserve, disclose, or remove access, content, devices, or accounts when reasonably necessary to protect the service, comply with law, investigate abuse, prevent harm, or enforce these Terms.
Disclaimers
- To the maximum extent permitted by law, iMed is provided "as is" and "as available" without warranties of any kind, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, security, compliance for every customer use case, compatibility with every device, uninterrupted operation, or error-free operation. Preview, pilot, beta, trial, experimental, development, kiosk, AI, or unreleased features are used at the customer's sole risk.
Limitation of liability
- To the maximum extent permitted by law, iMed and its affiliates, personnel, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, enhanced, or lost-profit damages; loss of revenue, goodwill, data, use, or business opportunity; service interruption; substitute services; clinical, staffing, escalation, emergency, or operational outcomes; or unauthorized access, even if advised of the possibility of those damages.
- To the maximum extent permitted by law, iMed's total aggregate liability for all claims relating to the service or these Terms will not exceed the greater of the amounts paid to iMed for the affected service during the three months before the event giving rise to liability or USD $100.
- Nothing in these Terms limits liability that cannot be limited by applicable law, but every limitation, exclusion, defense, allocation of risk, and remedy restriction will apply to the fullest extent the law allows.
Indemnity
- The institution and users will defend, indemnify, and hold harmless iMed and its affiliates, personnel, contractors, licensors, and service providers from claims, losses, liabilities, damages, penalties, costs, and expenses arising from customer content, unauthorized use, institutional workflows, clinical or operational decisions, device handling, breach of these Terms, violation of law, or infringement or misuse of third-party rights.
Changes, termination, and governing terms
- Unless a signed agreement states otherwise, these Terms are governed by the laws of the State of Delaware, USA, without regard to conflicts-of-law rules, and disputes will be resolved in the state or federal courts located in Delaware. The customer and users consent to those courts and waive objections to venue and inconvenient forum to the maximum extent permitted by law.