Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 15) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO CONTAIN IMPORTANT DISCLAIMERS: MEDILINK IS NOT A MEDICAL DEVICE, DOES NOT PROVIDE MEDICAL ADVICE, AND IS NOT AN EMERGENCY MONITORING SERVICE (SECTIONS 3 AND 4).

These Terms of Service ("Terms") are a legal agreement between you and Mei Chan, an individual operating the MediLink mobile application, websites, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, available at https://www.iubenda.com/privacy-policy/63173399, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

1. Eligibility

1.1. You must be at least 18 years old to create an account or use the Service. By using the Service, you represent that you are 18 or older.

1.2. The Service is not directed to children, and we do not knowingly collect personal information from anyone under 18. If we learn that an account holder is under 18, we will terminate the account.

1.3. You must provide accurate, current, and complete information when creating an account and keep it updated.

1.4. The Service is intended for users located in the United States. We make no representation that the Service is appropriate or available in other locations.

2. Description of the Service

2.1. MediLink is a consumer software application that allows individuals ("Patients") to record information about their own medication use, and allows family members or other individuals designated by or for a Patient ("Caregivers") to view that self-reported information, receive notifications, communicate with the Patient, and manage certain account settings on the Patient's behalf.

2.2. The Service operates in different modes (including a simplified patient mode, a standard patient mode, and a caregiver mode) that present different features. All modes are governed by these Terms.

2.3. All dose records, logs, and adherence information in the Service reflect information self-reported by the Patient or entered by a Caregiver. MediLink does not verify, and has no ability to verify, whether any medication was actually taken, skipped, or taken correctly.

2.4. The Service is currently provided free of charge. We may introduce paid features in the future, in which case we will update these Terms as described in Section 12 before any charges apply.

3. Not Medical Advice; Not a Medical Device

3.1. MediLink is a record-keeping and communication tool only. The Service does not provide medical advice, diagnosis, treatment, or clinical recommendations of any kind.

3.2. The Service is not a medical device and has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration or any other regulatory body.

3.3. We are not a healthcare provider, pharmacy, or pharmacist, and no content in the Service creates a provider-patient relationship between you and MediLink.

3.4. Information displayed in the Service, including medication information, schedules, reminders, refill estimates, and drug interaction information, is provided for general informational purposes only. Drug interaction information is derived from third-party data sources, including publicly available U.S. government databases, and may be incomplete, outdated, or inaccurate. The presence or absence of an interaction flag in the Service is not a statement about the safety of any medication or combination of medications.

3.5. Nothing in the Service is a substitute for the judgment of a licensed healthcare professional. Decisions about whether, when, and how to take any medication are made solely by the Patient and the Patient's healthcare providers. Always seek the advice of a qualified healthcare professional with any questions regarding a medical condition or medication. Never disregard or delay seeking professional medical advice because of information displayed in the Service.

4. Not an Emergency or Monitoring Service

4.1. The Service is not an emergency response, medical alert, or safety monitoring service. Do not rely on the Service to detect, prevent, or respond to medical emergencies.

4.2. Notifications, reminders, alerts, and escalation messages (including alerts triggered by missed-dose patterns) are delivered on a commercially reasonable, best-effort basis only. Delivery depends on factors outside our control, including device settings, operating system behavior, network connectivity, third-party push notification services, and battery or power state. Notifications may be delayed, suppressed, or never delivered, and you must not rely on them.

4.3. The "tap to call" feature connects to a contact designated within the app. It does not contact emergency services unless that contact is itself an emergency number, and it is not a substitute for dialing 911.

4.4. If you believe you or anyone else is experiencing a medical emergency, call 911 (or your local emergency number) immediately.

5. Caregiver and Patient Relationships

5.1. Caregiver authorization. If you use the Service as a Caregiver, you represent and warrant that: (a) you have obtained the Patient's consent to create or manage their profile, view their self-reported medication information, and receive notifications about them; or (b) you are legally authorized to act on the Patient's behalf (for example, as a legal guardian or under a valid power of attorney). You agree to provide evidence of such consent or authority upon our request.

5.2. Caregiver-managed accounts. Certain Patient accounts (including accounts configured in simplified mode) may be created and managed entirely by a Caregiver. The Caregiver who creates or manages such an account is responsible for the accuracy of the information entered, for configuring the account appropriately for the Patient, and for ensuring the Patient understands how the Service works.

5.3. Information sharing. Patients and Caregivers acknowledge that the Service is designed to share Patient self-reported information (including dose logs, skip records, and missed-dose status) with linked Caregivers, and that multiple Caregivers may be linked to a single Patient. Details of how information is shared are described in our Privacy Policy.

5.4. Caregivers are not our agents. Caregivers act on behalf of Patients, not on behalf of MediLink. We are not responsible for any act or omission of any Caregiver, including failure to respond to notifications, errors in medication information entered into the Service, or decisions made based on information in the Service.

5.5. Accuracy of entered information. Medication names, dosages, schedules, and quantities in the Service are entered by users (or extracted from user-submitted images and confirmed by users). We do not verify this information against prescriptions or pharmacy records. You are solely responsible for confirming that entered information matches the instructions provided by the prescribing healthcare provider and pharmacy.

6. Accounts and Security

6.1. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

6.2. Notify us promptly at medilink.app1@gmail.com of any unauthorized use of your account.

6.3. We may suspend or terminate accounts as described in Section 13.

7. License and Acceptable Use

7.1. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

7.2. You agree not to: (a) use the Service for any unlawful purpose; (b) access or attempt to access another Patient's or Caregiver's information without authorization; (c) reverse engineer, decompile, or attempt to extract the source code of the Service except where prohibited by law; (d) interfere with or disrupt the Service or its infrastructure; (e) use automated means to access the Service without our written permission; (f) misrepresent your identity or your authority to act on behalf of a Patient; (g) use the Service to provide commercial medical, nursing, or care-management services to third parties without a separate written agreement with us; (h) upload malicious code or content; or (i) resell, sublicense, or commercially exploit the Service.

7.3. We may investigate violations and cooperate with law enforcement.

8. User Content

8.1. "User Content" means content you submit to the Service, including medication entries, notes, messages, voice recordings, and images.

8.2. You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and reproduce your User Content solely as necessary to provide, maintain, secure, and improve the Service, consistent with our Privacy Policy.

8.3. You represent that you have the rights necessary to submit your User Content and that it does not violate any law or third-party right.

8.4. We may remove User Content that violates these Terms or applicable law.

9. Intellectual Property

9.1. The Service, including software, design, text, graphics, logos, and trademarks (excluding User Content), is owned by us or our licensors and is protected by intellectual property laws. No rights are granted to you other than the limited license in Section 7.1.

9.2. If you provide feedback or suggestions, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them without obligation to you.

10. Third-Party Services and Data

10.1. The Service relies on third-party services, including cloud hosting, push notification delivery, optical character recognition, and publicly available medication databases. We are not responsible for the acts, omissions, availability, or accuracy of third-party services or data.

10.2. The Service may contain links to third-party websites or resources. We do not endorse and are not responsible for them.

11. Privacy

11.1. Our collection and use of personal information is described in our Privacy Policy at https://www.iubenda.com/privacy-policy/63173399.

11.2. You acknowledge that health-related information you choose to enter into the Service is shared with linked Caregivers as a core function of the Service, as described in the Privacy Policy.

12. Changes to the Service and to These Terms

12.1. We may modify, add, or remove features of the Service at any time. We will use reasonable efforts to notify you of material reductions in functionality.

12.2. We may update these Terms from time to time. If we make material changes, we will notify you (for example, by in-app notice or email) at least 30 days before the changes take effect, except where changes are required by law or relate to new features, in which case they may take effect immediately. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, stop using the Service.

13. Term and Termination

13.1. You may stop using the Service and delete your account at any time through the app or by contacting medilink.app1@gmail.com.

13.2. We may suspend or terminate your access to the Service at any time if: (a) you breach these Terms; (b) we reasonably believe your use poses a risk to us, other users, or third parties; (c) required by law; or (d) we discontinue the Service. Where practicable, we will provide notice.

13.3. Effect on linked accounts. Termination of a Caregiver account may affect features available to linked Patients (including caregiver-managed configuration and escalation notifications). Termination of a Patient account ends linked Caregivers' access to that Patient's information.

13.4. Sections 3, 4, 5.4, 8.2 (for the period needed to wind down), 9, 14, 15, 16, and 17 survive termination.

14. Disclaimers; Limitation of Liability

14.1. Disclaimer of warranties. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT NOTIFICATIONS WILL BE DELIVERED, OR THAT INFORMATION IN THE SERVICE (INCLUDING MEDICATION AND INTERACTION INFORMATION) IS ACCURATE, COMPLETE, OR CURRENT.

14.2. No liability for medical outcomes. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INJURY, ILLNESS, DEATH, OR OTHER HARM ARISING FROM OR RELATED TO: (A) MEDICATION DECISIONS, INCLUDING TAKING, SKIPPING, DELAYING, OR COMBINING MEDICATIONS; (B) RELIANCE ON ANY INFORMATION, REMINDER, ALERT, OR ABSENCE OF AN ALERT IN THE SERVICE; (C) FAILED, DELAYED, OR SUPPRESSED NOTIFICATIONS; (D) INACCURATE OR INCOMPLETE INFORMATION ENTERED BY ANY USER; OR (E) ANY ACT OR OMISSION OF ANY CAREGIVER OR OTHER USER.

14.3. Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.4. Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).

14.5. Exceptions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

14.6. Basis of the bargain. You acknowledge that the disclaimers and limitations in this Section 14 are an essential basis of the bargain between you and us, and that the Service would not be provided without them.

15. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

15.1. Informal resolution first. Before filing a claim, you and we agree to try to resolve the dispute informally. Send a written notice describing the dispute to medilink.app1@gmail.com (or, for notices from us to you, to your account email). The parties will negotiate in good faith for 60 days from receipt of the notice. A claim may be filed only after this period expires.

15.2. Agreement to arbitrate. Except as provided in Sections 15.3 and 15.7, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. Judgment on the award may be entered in any court of competent jurisdiction.

15.3. Exceptions. Either party may: (a) bring an individual claim in small claims court; or (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or for unauthorized access to the Service.

15.4. Arbitration procedure. Arbitration will be conducted by a single arbitrator. For claims of $25,000 or less, arbitration will be conducted on the basis of written submissions unless the arbitrator decides a hearing is necessary or a party requests one. Any hearing will be held by videoconference unless the arbitrator determines an in-person hearing is appropriate, in which case it will occur in the county of your residence. We will pay AAA filing, administration, and arbitrator fees for claims under $10,000 unless the arbitrator finds the claim frivolous.

15.5. Class action and jury waiver. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. If this Section 15.5 is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the remainder of this Section 15 will remain in effect.

15.6. Mass arbitration. If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel, the parties agree that the demands will be resolved in staged proceedings: an initial set of up to 10 demands selected by each side will proceed first, and the remaining demands will be held in abeyance (with applicable statutes of limitation tolled) pending resolution of the initial set and a subsequent global mediation. A court of competent jurisdiction may enforce this Section.

15.7. 30-day opt-out. You may opt out of this arbitration agreement by emailing medilink.app1@gmail.com within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

15.8. Changes to this Section. If we change this Section 15 after you accept these Terms, you may reject the change by notifying us within 30 days, in which case the prior version of this Section continues to apply.

16. Governing Law and Venue

16.1. These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 15.

16.2. For any claim not subject to arbitration, the state and federal courts located in the State of New York will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

17. General

17.1. Indemnification. You agree to indemnify and hold harmless MediLink and its officers, directors, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your User Content; (c) your misrepresentation of authority to act on behalf of a Patient; or (d) your violation of any law or third-party right.

17.2. Entire agreement. These Terms, together with the Privacy Policy and any supplemental terms we present for specific features, are the entire agreement between you and us regarding the Service.

17.3. Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in effect.

17.4. No waiver. Our failure to enforce a provision is not a waiver of it.

17.5. Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

17.6. Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

17.7. Apple-specific terms. If you downloaded the app from the Apple App Store: (a) these Terms are between you and us, not Apple; (b) Apple has no obligation to provide maintenance or support; (c) in the event of any failure of the app to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, and to the maximum extent permitted by law Apple has no other warranty obligation; (d) Apple is not responsible for addressing claims relating to the app, including product liability, regulatory compliance, and consumer protection claims; (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17.8. Contact. Questions about these Terms: medilink.app1@gmail.com, Mei Chan, 5 Hamptworth Court, Great Neck, NY 11024