MayaMD, Inc. Terms & Conditions
PLEASE READ THESE Terms and Conditions CAREFULLY BEFORE USING THIS Site or App.
You must be 16 years or older to use our site or app. If you are under 16 years old, you will need to get consent to use our site or app from a parent or guardian who is over 16 years old.
MayaMD, Inc. (“MayaMD”) operates the website and/or app located at https:www.mayamd.ai and Apps, MayaPro, MayaMD.ai, MayaEDU(collectively, the “Site or App” ) to facilitate your access to health and cost-related information contained in our diagnostic search engine (the “Service”), and to provide other information about MayaMD and its products and services.
When visiting MayaMD, Inc, or using our apps, you will be asked to indicate your acknowledgment of and where applicable your consent to the practices described here.
By using this Site or App or any of its tools, products, or services, you signify your acceptance of these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you are not authorized to access or use the Site or App for any purpose. Additional terms and conditions applicable to specific areas of the Site or App, or to particular transactions may also be posted in particular areas of the Site or App and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site or App.
User Representation. You represent and warrant that you are at least 16 years of age and possess the legal right and ability to agree to these Terms and Conditions and to use this Site or App in accordance with these Terms and Conditions. You represent and warrant that any information you provide in using the Services or the Site or App will be truthful, honest and complete and will not contain any inaccuracies, including but not limited to any inaccuracies resulting from the omission of relevant information. By completing a MayaMD transaction you are consenting to truthfully completing questions to the best of your knowledge and ability. If you do not know the answer or how to answer a question (or if you do not understand what is being asked) stop using the Service and immediately contact an available healthcare provider.
MayaMD, Inc. may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the Site or App or apps or notifying you. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes. Your continued use of this Site or App will mean you accept those changes.
MayaMD, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part thereof, of our Content, with or without notice.
We have organized the Terms and Conditions under the following topics:
- THE Site or App DOES NOT PROVIDE MEDICAL ADVICE
- CHILDREN’S PRIVACY
- USE OF CONTENT/li>
- LIABILITY OF MayaMD AND ITS LICENSORS
- SPONSORING ORGANIZATIONS
- USER SUBMISSIONS
- SOCIAL MEDIA, CROWD-SOURCING, AND MEMBER-TO-MEMBER AREAS (“PUBLIC AREAS”)
- INTELLECTUAL PROPERTY
- LINKING TO US
- TERMINATION OF SERVICE
- COMPLETE AGREEMENT
- Personal Information and Privacy Statement.
- PRIVACY NOTICE
1.THE Site or App DOES NOT PROVIDE MEDICAL ADVICE
The contents of this Site or App, such as text, numbers, statistics, graphics, images, tools, products, services and other material contained on the Site or App (collectively, “Content”) is provided by MayaMD and its licensors for informational purposes only. Nothing contained in the Content is intended to be conclusive medical advice or instructions for medical diagnosis or treatment. The Content furnished on this Site or App is not intended to be complete, to suggest or recommend a course of treatment, or to replace personal consultation with a qualified healthcare professional (or your own judgment, if you are such a professional). If you are using the Site or App to obtain information for another person, you acknowledge that the Content is not intended to replace your own judgment, and that you will not use or claim such use.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard, avoid, or delay obtaining professional medical advice from your doctor or other qualified health provider because of something you have read on this Site or App.
MayaMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that is mentioned on the Site or App. Reliance on any information provided by MayaMD, MayaMD employees, others appearing on the Site or App at the invitation of MayaMD, or other visitors to the Site or App is solely at your own risk. The Site or App may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site or App.
THE SERVICE AND CONTENT IS NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
The medical information provided through the Site or App is based on your personal health data as provided by you and the standards of care for your presenting symptoms based on your use of the Service. If at any time you are concerned about your care or treatment prescribed through the Site or App, or you believe or someone else advises you that you have or suspect that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.
Any opinions expressed on the Site or App are the opinions of the individual author, not of MayaMD. Reliance on any information provided by MayaMD, MayaMD employees, others appearing on the Site or App at the invitation of MayaMD, or other visitors to the Site or App is solely at your own risk. This Site or App may contain health information or medical-related materials that include images or descriptions of human anatomy. If you find these materials offensive, you may not want to use the Site or App.
2. PRIVACY and USE for or by CHILDREN
We are committed to protecting the privacy of children. Neither MayaMD nor any of its services are intended or designed to attract children under the age of 16. We do not collect Personally Identifiable Information from any person we actually know is a child under the age of 16. A parent or guardian, however, may use the Site or App to establish a personal health record for a minor. The parent or guardian is solely responsible for providing supervision of the minor’s use of the Site or App or Apps. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through MayaMD for the minor. As of August 10th, 2019, the Site or App is not designed to provide meaningful results for children under the age of 16.
3. USE OF CONTENT
MayaMD authorizes you to view or download a single copy of the material on the Site or App solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2012-2018, MayaMD, Inc, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site or App may be included elsewhere within the Site or App and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MayaMD or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features of the Site or App are subject to change or termination without notice at the editorial discretion of MayaMD. All rights not expressly granted herein are reserved to MayaMD and its licensors.
- You agree not to use the Site or App for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
- You agree not to collect or use any information or other data available via the Site or App inappropriately, such as by harvesting information beyond that relevant to your individual use of the Site or App, or by using such information in any way.
- You may not distribute, modify, copy (except as set forth in these Terms and Conditions), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site or App or the Content, except as specifically authorized in the Terms and Conditions, without MayaMD’s written permission.
- You agree not to use the Site or App to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- You agree not to incorporate any code into the code of the Site or App or to use the Site or App to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or App or any user of the Site or App.
- You agree not to restrict or inhibit any other person from use of the Site or App. You agree not to interfere with or disrupt the operation of the Site or App or the servers or networks used to make the Site or App available, or violate any requirements, procedures, policies or regulations of such networks.
- You agree not to use the Site or App to harvest or collect personally identifiable information about users of the Site or App.
- You agree not to use the Site or App to disrespect or violate the privacy or views of others.
- You agree not to use the Site or App to impersonate another person, or a medical provider, or to supply false information about yourself or another person.
- You agree not to allow any other person or entity to use your identification to post or view comments, or to otherwise access or use the Site or App.
- You agree not to post material on the Site or App that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4. LIABILITY OF MayaMD AND ITS LICENSORS
The use of the Site or App and the Content is at your own risk.When you are using the Site or App, information will be transmitted over a medium that maybe beyond the control and jurisdiction of MayaMD and its suppliers. Accordingly, MayaMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site or App.
MayaMD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Site or App, THE SERVICE AND THE CONTENT. MayaMD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE Site or App, THE SERVICE OR THE CONTENT. MayaMD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO TITLE AND NON-INFRINGEMENT WITH REGARD TO THE Site or App, THE SERVICE, AND THE CONTENT. MayaMD DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE Site or App OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE Site or App OR THE SERVICE WILL BE CORRECTED. MayaMD DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE Site or App, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Without limiting the foregoing, MayaMD, its licensors, and its Content suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, usefulness, adequacy, suitability, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or App or in newsletters and other products and services from MayaMD or its licensors
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site or App
- That the Content is free from errors and omissions
- That data flowing to and from the Site or App or MayaMD (regardless of the means) will not be delayed, interrupted or experience losses of data, or that files available for downloading from this Site or App will be free of infection by viruses, worms, Trojan horses or other code with destructive properties.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site or App.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MayaMD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO direct, indirect, incidental, consequential, or punitive damages ARISING OUT OF THE USE OF OR INABILITY TO USE THE Site or App, THE SERVICE, OR THE CONTENT, EVEN IF MayaMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE Site or App, THE SERVICE, THE CONTENT, OR THE Terms and Conditions, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Site or App. YOU ACKNOWLEDGE, BY YOUR USE OF THE Site or App, THAT YOUR USE OF THE Site or App IS AT YOUR SOLE RISK. MayaMD IS NOT LIABLE TO ANY USER OR PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS Site or App. MayaMD is not liable to any user or person for any harm caused by the negligence or misconduct of a provider selected on the Site or App. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MayaMD’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1,000.00. ANY CLAIM ARISING FROM THE USAGE OF THIS Site or App OR CONTENT MUST BE BROUGHT WITHIN 6 MONTHS OF THE EVENT FROM WHICH THE CLAIM AROSE. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
In no event shall MayaMD, its licensors, its suppliers, or any third parties mentioned on the Site or App be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MayaMD is advised of the possibility of such damages . MayaMD shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. MayaMD is not liable for any personal injury, including death, caused by your use or misuse of the Site or App, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site or App, any Content, or the Public Areas must be brought within 6 months of the date such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Force Majeure . Any failure of MayaMD to perform or delay in the performance of MayaMD’s obligations under these Terms and Conditions due to any cause or event not reasonably within MayaMD’s control, including but not limited to casualty, labor disputes, failure of equipment or carriers or utilities, compliance with governmental authority or Act of God, shall not constitute a breach of these Terms and Conditions, and MayaMD’s performance shall be excused during such period of delay.
5. SPONSORING ORGANIZATIONS
If you are accessing the Site or App through a sponsoring organization’s Site or App, the sponsoring organization may have a separate registration process in addition to the MayaMD registration. MayaMD encourages you to read your sponsoring organization’s disclosure statement, which may include, among other things, a description of their business practices relating to the collection and use of your personal data.
6. USER SUBMISSIONS
You agree that you will not upload or transmit any communication or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. For clarity, quotations or other media, borrowed in reasonable amounts and shared for academic, educational, or instructional purposes,may qualify for the “fair use” exemption to copyright laws. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.If you make any such submission, you agree that you will not send or transmit to MayaMD by email (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to MayaMD by email, you agree that such submission is non-confidential for all purposes.
If you make any submission to the Site or App or if you submit any business information, idea, concept, or invention to MayaMD by email, you guarantee that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. You further automatically grant–or warrant that the owner of such content or intellectual property has expressly granted–MayaMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed. MayaMD may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or App or MayaMD by email.
The Site or App allows you to record and store information. For example, the Site or App allows you to record information in a Personal Health Record, on a voluntary basis on servers maintained by MayaMD or on its behalf. The Site or App is structured to allow access only to registered visitors who have a valid user ID and password. When registering for tools on the Site or App, you will establish a MayaMD account with your own unique password. You agree to maintain the security of your user identification, password and other confidential information relating the use of your MayaMD account and to be responsible for all charges, if any, resulting from use of your MayaMD account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MayaMD passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MayaMD account and password; (3) promptly inform MayaMD of any need to deactivate a password. You grant MayaMD and all other persons or entities involved in the operation of the Site or App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site or App. MayaMD cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using MayaMD tools and services.
8. SOCIAL MEDIA, CROWDSOURCING, and MEMBER-TO-MEMBER AREAS(“PUBLIC AREAS”)
If you use a Public Area, such as a chat room, feedback or voting system, comment area, bulletin board, or community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. MayaMD is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: 1. Using a Public Area for any purpose in violation of local, state, national, or international laws; 2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MayaMD in its sole discretion; 4. Posting advertisements or solicitations of business; 5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); 6. Posting chain letters or pyramid schemes; 7.Impersonating another person, or claiming medical credentials or expertise you do not have; 8.Distributing viruses or other harmful computer code; 9.Harvesting or otherwise collecting information about others, including email addresses, without their consent; 10.Allowing any other person or entity to use your identification for posting or viewing comments; 11. Posting the same note more than once or “spamming”; or 12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site or App, or which, in the judgment of MayaMD, exposes MayaMD or any of its customers or suppliers to any liability or detriment of any type.
MayaMD reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in Public Areas
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
- Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions
- Terminate a user’s access to any or all Public Areas and/or the Site or App upon any breach of these Terms and Conditions
- Monitor, edit, or disclose any communication in the Public Areas
- Edit or delete any communication(s) posted on the Site or App, regardless of whether such communication(s) violate these standards. MayaMD reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. MayaMD has no liability or responsibility to users of the Site or App or any other person or entity for performance or nonperformance of the aforementioned activities.
9. INTELLECTUAL PROPERTY
The Service, the Site or App, and all Content (for this section 9, collectively, “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to MayaMD or its partners, affiliates, contributors or licensors. The use or misuse of the Content, except as provided in these Terms and Conditions or in any additional terms and conditions applicable to specific areas of the Site or App, is strictly prohibited. You may use the Content solely for your personal, non-commercial use as follows: You may print copies of the information on the Site or App (including screenshots) for your personal use, store the files on your computer for personal use, or reference this server from your own documents. You may not otherwise copy, distribute or display any Content without express written consent from MayaMD. Subject to the limited license granted herein, MayaMD reserves all right, title and interest in all Content. If any portion of the Terms and Conditions is violated, the limited license for your usage of this Site or App is revoked, and all Content in your possession must be deleted or destroyed. With the exception of the personal use described above, no Content may be reverse-engineered, decompiled, disassembled, reproduced, retransmitted in any form or by any means (electrical, mechanical, photo reproduction, recordation or otherwise), stored in a retrieval system, translated into a computer language or other language, transcribed, resold, or redistributed without prior express written consent by MayaMD.
We own the MayaMD, Inc. logo and all the names we use for our products and services on the Site or App, including but not limited to MayaMD.AI™and these names are protected by trademark laws in the U.S. and internationally. An ® following a name on our Site or App indicates that the trademark has been registered in the United States. All trademarks are the property of their respective owners. If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval.
You may not use MayaMD’s trademarks in any of the following ways:
- In a non-MayaMD product name or publication title
- Within or as part of your own trademarks
- To identify non-MayaMD products or services
- In a manner which will likely cause confusions
- In a manner that implies that MayaMD sponsors, endorses or is otherwise connected with your own activities, products, or services
- In a manner that disparages MayaMD
Links to Us. Usually, we don’t mind if you have a simple link from your Site or App to ours. However, you must first ask our permission if you want to incorporate our logo as a part of the hyperlink or if you intend to frame our Site or App or incorporate pieces of it into a different Site or App or product in a way that is not clear to our users. You are not allowed to link to us if the linking Site or App engages in illegal, obscene, or offensive content, or if thelink in any way has a negative impact on our reputation.
11. TERMINATION OF SERVICE
You agree that if you violate these Terms and Conditions, your permission to use this Site or App automatically terminates. You also agree that MayaMD may, at its sole discretion, terminate your access to this Site or App, or any portion thereof, or discontinue providing the Site or App, or any portion thereof. Further, you agree that MayaMD is not liable to you or any third party for any such termination or discontinuance.
You understand and agree that you are personally responsible for your behavior on the Site or App and for your use of the Content. You agree to indemnify, defend and hold harmless MayaMD, its subsidiaries, affiliated companies, joint ventures, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of or inability to use the Site or App, the Service, or the Content, any violation by you of these Terms and Conditions, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site or App or Service through your user account.
If you register for services or tools on the Site or App, you agree to keep your contact information, such as email address, accurate and up-to-date so that we can contact you regarding our policies. Failure to have accurate contact information may affect our ability to provide you notice.
MayaMD makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site or App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. For purposes of these Terms and Conditions, the term MayaMD shall include MayaMD, its parent, subsidiaries and affiliates and their directors, officers, employees, agents, and contractors. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, General, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with MayaMD, or in any way relating to your use of the Site or App, resides in the courts of the State of Nevada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Nevada in connection with any such dispute including any claim involving MayaMD, its parent, subsidiaries and affiliates, licensors and suppliers, and their directors, officers, employees, agents, and contractors. These Terms and Conditions are governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
16. COMPLETE AGREEMENT
17. Personal Information and Privacy Statement .
Email, text messages, Internet transactions or other electronic communications between you and MayaMD may not be secure. While certain communications are performed through a Secure Sockets Layer (SSL) connection, not all communications between you and MayaMD are encrypted. MayaMD is not responsible for any interception or disclosure of personal information that may occur as the result of any electronic communications in using the Services. Please consider these facts before sending MayaMD any personal or confidential information or utilizing the Services which may result in personal or confidential information being transmitted by MayaMD to you. MayaMD may monitor, record, collect and use for any lawful purpose information generated through your use of the Site or App. MayaMD’s collection and use of such information is described in MayaMD’s Privacy Statement. Your obligations under these Terms and Conditions are in no way conditioned on MayaMD’s compliance with the terms of the Privacy Statement.
18. Privacy Notice
What we need
Our Personal Data Protection Policy governs the use and storage of your data. You can see our Personal Data Protection Policy at https://mayamd.ai/privacy-policy.
MayaMD, Inc, Inc is the Controller of the personal data that you (data subject) provide us. We collect the following types of personal data from you:
1. Information that you provide to us when you
- Sign up for our apps or web interface
- Use our services which includes our social media platform, 'Xynapse'
- Report an issue
- Provide your feedback regarding the performance of our clinical decision support system such as new diagnoses, rearrangement of the differential diagnoses, agree or disagree with certain diagnoses, sharing information of clinical case, shared images, questions asked and answered in our social platform Xynapse, other contributions through our feature, 'contribute', your opinion regarding other cases that are shared or the questions asked by other users and your location information.
You are only required to provide your email address or social media username to use our apps or web services. Optionally, you can provide your name, age, date of birth, occupation, industry, educational credentials, medical speciality, licensed countries and states, contact info such as addresses and phone numbers, while creating a profile in our apps. You can choose not to provide any of the above mentioned information.
2. Information we collect about you.
During your visits to our website or App or our apps, we may automatically collect the following information; which cannot be used to identify you:
- Your IP address, operating system or browser information
- Information regarding your device or network
- Duration of visits, Uniform Resource Locators (URL) click-stream to website or App, which include date and time and page interaction information.
3. Information we may receive from other sources.
4. Why we need it.
We need your personal data in order to provide you with the following services:
1. Email address or social media username: To provide you access to our platform or apps.This information is necessary to enter into our contract with you. This may be used for marketing our similar products and services or any re-engagement email campaigns; which is a legitimate interest. We will request your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe further communication on any email marketing communication.
2. Your location information: To provide you the appropriate list of differential diagnoses for the geographical location. This information is necessary to provide you optimal results; which is the performance of our contract with you.
3. Optional : Your name, age, date of birth, occupation, industry, educational credentials, medical speciality, licensed countries and states, contact info such as addresses and phone numbers. This information is necessary to perform our contract with you to optimally make use of our social platform, 'Xynapse'. This information will not be used for any other purposes, without getting explicit consent from you.We will not sell your personal data to third-parties, however, we reserve the right to share any data, which has been irreversibly anonymized.
What we do with it.Hosting and storage of your data takes place in Google cloud which is located in the USA. The data may be processed by our staff outside of the European Economic Area who work or consult for us or for one of our partners or service providers. We do not disclose your account details. It is your responsibility to keep password secure. Policy regarding data access to third parties: Whenever we use a third-party supplier or business partner to process personal data on its behalf, Data protection officer or CTO will ensure that this processor will provide security measures to safeguard personal data that are appropriate to the associated risks such as Misuse of personal data, an authorized disclosure of personal data, data breaches, etc. For this purpose, the Processor GDPR Compliance Questionnaire will be used. MayaMD, Inc. contractually requires the supplier or business partner to provide the same level of data protection. The supplier or business partner can only process personal data to carry out its contractual obligations towards the Company or upon the instructions of the Company and not for any other purposes. When we process personal data jointly with an independent third party, we will explicitly specify its respective responsibilities of and the third party in the relevant contract or any other legal binding document, such as the Supplier Data Processing Agreement. You can review our Personal Data Protection Policy on our site at https://mayamd.ai/privacy-policy.
How long we keep itWe will hold the above information for as long as is necessary in order to provide you with the services, or required by law or relevant regulatory body. If you write or email to us to remove your personal data, we shall delete the personal data relating to your account within 30 days. We may be required to keep your documents according to the local law for a certain time period. After this period, your personal data will be irreversibly destroyed or irreversibly anonymized. Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information. Please see [Data Retention Policy] for more information on our personal data retention schedule.
What are your rights?Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data.
- Right to Rectification
- Right to erasure / ‘Right to be forgotten’
- Right to restriction of processing
- Right to data portability
- Right to complain