Mediphant Terms of Service

These Terms of Service ("Terms") constitute a legal agreement between you ("you" or "User") and Mediphant, Corporation. ("Mediphant," "we," "our," or "us") and govern your use of our website, mobile application, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Eligibility & Account Creation

You must be at least 18 years old to use the Service. If you are under the age of majority in your jurisdiction, you may only use the Service with the consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

When creating an account, you agree to provide accurate and complete information and to keep it updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

2. About Mediphant

Mediphant is a secure, AI-powered personal health companion that helps you aggregate, interpret, and reflect on your health data. We aim to empower you with insights derived from your health information, but we do not offer medical advice, diagnosis, or treatment. Mediphant is not a healthcare provider.

3. Use of the Service

You may use the Service to upload and organize health records, track symptoms, and receive AI-generated interpretations. You agree not to misuse the Service, including but not limited to:

• • Impersonating others or misrepresenting your identity
• • Uploading unlawful, infringing, or harmful content
• • Reverse engineering or interfering with the functionality or security of the Service
• • Violating any applicable laws or regulations

We reserve the right to suspend or terminate your access to the Service for violations of these Terms.

4. User Data and Content

You retain full ownership of any data, content, or materials you upload or input into the Service. By using the Service, you grant Mediphant a limited, non-exclusive, revocable license to use this data solely to operate and improve the Service.

Your PII (personally identifiable information) will never be:

• • Sold to third parties
• • Used to train general-purpose AI models

You are responsible for ensuring that any content you upload is accurate, lawful, and does not infringe on third-party rights.

5. Privacy & Security

Mediphant uses HIPAA-compliant infrastructure and military-grade encryption to protect your data. We are committed to:

• • Giving you full control over your data
• • Allowing you to delete your account and associated data at any time
• • Never sharing your PII (personally identifiable information) without your explicit consent

Our complete data practices are outlined in our Privacy Policy.

7. Modifications to the Service

We may update or change the Service at our discretion. If we make material changes that affect your use of the Service, we will notify you via the app or email. Your continued use of the Service constitutes acceptance of the modified terms.

8. Termination

You may delete your account and data at any time. We reserve the right to suspend or terminate your access to the Service if you violate these Terms.

Upon termination, your license to use the Service ends immediately. We will handle your data according to our Privacy Policy.

9. Intellectual Property

All content, software, and branding associated with Mediphant is the property of Mediphant Corporation. or its licensors. You may not reproduce, distribute, modify, or reverse-engineer any part of the Service without our written consent.

10. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind. Mediphant disclaims all implied warranties, including those of merchantability and fitness for a particular purpose.

To the fullest extent permitted by law, Mediphant shall not be liable for any indirect, incidental, or consequential damages arising out of your use of the Service.

11. Indemnification

You agree to indemnify and hold harmless Mediphant and its affiliates from any claims, damages, or losses resulting from your use of the Service or violation of these Terms.

12. Dispute Resolution; Binding Arbitration and Class Action Waiver

To the fullest extent permitted by law, you and Mediphant agree to resolve any past, present, or future dispute, claim, or controversy arising out of or relating to the Service or these Terms (collectively, "Disputes") through binding individual arbitration, and not in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator may award the same damages and relief as a court on an individual basis.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section. Arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or another mutually agreed location. This Section applies to all Disputes between you and Mediphant, except that either party may (a) bring an individual action in small claims court; and (b) seek injunctive or other equitable relief in court for intellectual property infringement or misappropriation.

Class Action Waiver: YOU AND MEDIPHANT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Mediphant agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out: You may opt out of this arbitration agreement and class action waiver by sending a written notice to hello@mediphant.ai within 30 days of your first acceptance of these Terms. Your opt-out notice must include your full name, the email address associated with your account (if any), and a clear statement that you wish to opt out of arbitration. If you opt out, this Section will not apply to you, and the Governing Law & Jurisdiction Section will apply.

13. Governing Law & Jurisdiction

These Terms and any Dispute are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Arbitration is the default dispute resolution mechanism as set forth above. If, and only if, the arbitration agreement is found unenforceable as to a particular claim or party, or if you timely opt out of arbitration, then the parties agree that the exclusive jurisdiction and venue will be the state and federal courts located in Delaware, and you consent to their jurisdiction.

14. International Use, Export Controls, and Force Majeure

The Service is operated by us in the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws. By using the Service, you consent to the transfer and processing of your information in the United States.

You agree to comply with all applicable U.S. and international export control and sanctions laws, including without limitation the U.S. Export Administration Regulations and programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control. You represent and warrant that you are not located in a country subject to U.S. embargo, and you are not a party identified on any U.S. government restricted party list.

Mediphant will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, labor disputes or strikes, acts of government, war, terrorism, epidemics, pandemics, supply chain disruptions, power or internet failures, or other force majeure events.

15. Changes to These Terms

We may revise these Terms at any time. If changes are material, we will notify you through the Service or by email. Continued use after such changes means you accept the revised Terms.

16. Miscellaneous

• • If any provision is deemed unenforceable, the remaining provisions remain in effect.
• • You may not assign your rights under these Terms without our written consent.
• • These Terms constitute the entire agreement between you and Mediphant.
• • No third-party beneficiaries are created by these Terms.