1. Introduction

These Terms of Use ("Terms") establish the legal agreement between you (the "User") and MediCureOn LLC ("Company") governing your access to and use of our website, mobile applications, and services (collectively, the "Services"). By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our Services.

2. Eligibility and User Accounts

2.1 Age Requirement: You must be at least 13 years old to use our Services. Users between 13-18 years old must have parental consent. We comply with COPPA (Children's Online Privacy Protection Act) and do not knowingly collect information from children under 13.

2.2 Account Creation: You agree to provide accurate, truthful information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities under your account.

2.3 Account Security: You agree to use strong passwords and enable multi-factor authentication (MFA) when available. Unauthorized account access must be reported immediately to security@medicureon.com.

3. User Responsibilities

3.1 Lawful Use: You agree not to use our Services for any illegal purpose or in violation of any applicable laws or regulations.

3.2 Prohibited Activities: You agree not to: (a) engage in fraud, hacking, or unauthorized access; (b) distribute malware or viruses; (c) spam or send unsolicited messages; (d) infringe on intellectual property rights; (e) harass, defame, or threaten other users; (f) reverse engineer or attempt to gain unauthorized access to our systems.

3.3 Content Standards: All user-generated content must comply with our Community Guidelines and applicable laws. We reserve the right to remove content that violates these standards.

4. Internet of Medical Things (IoMT) Integrations

4.1 Supported Devices: Our platform supports integration with various medical and wellness devices including: Apple HealthKit, Garmin Connect, Withings Health Mate, Oura Ring, and other FDA-cleared IoMT devices.

4.2 Device Permissions: When connecting devices, you grant us permission to access and securely store health data from those devices in accordance with this Agreement and our Privacy Policy.

4.3 Device Liability: We are not responsible for device malfunctions, data accuracy issues from third-party devices, or service interruptions caused by third-party platforms (Apple, Garmin, Withings, Oura, etc.).

4.4 Third-Party Terms: Your use of third-party devices and platforms is subject to their respective terms of service and privacy policies.

5. Intellectual Property Rights

5.1 Company IP: All content, software, trademarks, logos, and designs on our platform are owned by MediCureOn LLC or licensed to us. You may not reproduce, modify, or distribute this content without explicit written permission.

5.2 User Content License: By uploading or sharing content on our platform, you grant MediCureOn a worldwide, non-exclusive license to use, store, and display your content for the purpose of providing and improving our Services.

5.3 FHIR Compliance: All health data is processed using FHIR (Fast Healthcare Interoperability Resources) standards to ensure compatibility with other healthcare systems.

6. Limitation of Liability

6.1 Disclaimer: Our Services are provided on an "as-is" basis without warranties of any kind, expressed or implied. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

6.2 Liability Cap: In no event shall MediCureOn's total liability for any claims exceed the fees you paid to us in the 12 months preceding the claim.

6.3 Excluded Damages: MediCureOn is not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of revenue, data, or business opportunity.

7. Indemnification

You agree to indemnify, defend, and hold harmless MediCureOn, its officers, directors, and employees from any claims, damages, or costs (including legal fees) arising from your violation of these Terms, your use of our Services, or your violation of any third-party rights.

8. Termination

8.1 By You: You may terminate your account at any time by submitting a written request to legal@medicureon.com.

8.2 By Us: We may terminate or suspend your account if you violate these Terms, engage in illegal activity, or pose a security risk to other users.

8.3 Effect of Termination: Upon termination, your access to our Services will be immediately revoked. Data retention will follow our Privacy Policy.

9. Data Retention and Deletion

9.1 Retention Period: We retain your health data for 5 years from the date of collection, except where longer retention is required by law (HIPAA requires 6 years for medical records).

9.2 Data Deletion: You may request deletion of your account and associated data at any time. We will comply with deletion requests within 30 days as permitted by applicable law.

9.3 Backup Data: Backup copies may be retained for up to 90 days after deletion for system recovery purposes only.

10. Data Security

10.1 Encryption: All data is encrypted in transit (TLS 1.2+) and at rest (AES-256 encryption).

10.2 Access Controls: We implement role-based access controls (RBAC) and multi-factor authentication (MFA) for all staff.

10.3 Breach Notification: In the event of a data breach affecting your information, we will notify you within 72 hours as required by GDPR and applicable US state laws.

11. HIPAA Compliance

11.1 Covered Entity Status: MediCureOn LLC is registered as a HIPAA-compliant healthcare provider and business associate.

11.2 Protected Health Information: All Protected Health Information (PHI) is handled in accordance with HIPAA Security and Privacy Rules (45 CFR Parts 160, 162, and 164).

11.3 Business Associate Agreements: If you are a covered entity, a separate Business Associate Agreement (BAA) applies.

12. GDPR Compliance

12.1 Data Processing: For EU residents, we process personal data in accordance with GDPR (General Data Protection Regulation).

12.2 Data Subject Rights: You have the right to access, rectify, erase, restrict processing, and port your data. Submit requests to dpo@medicureon.com.

12.3 Data Transfers: Where required, we use Standard Contractual Clauses (SCCs) for lawful international data transfers.

13. HITRUST Certification

MediCureOn is pursuing HITRUST CSF (Common Security Framework) certification, which combines HIPAA, HITECH, NIST, and ISO standards for comprehensive healthcare security.

14. Payments and Billing

14.1 Subscription Fees: MediCureOn offers a premium subscription at $1/month after a free trial period.

14.2 Automatic Renewal: Subscriptions automatically renew unless cancelled. Cancellation can be done through account settings at any time.

14.3 Refund Policy: Refunds for accidental charges must be requested within 30 days of the transaction.

15. Third-Party Services and Links

15.1 External Links: Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of external sites.

15.2 Third-Party Integrations: Your use of third-party services is subject to their terms and privacy policies. We are not liable for third-party service disruptions.

16. Modification of Services

16.1 Right to Modify: We reserve the right to modify, suspend, or discontinue Services with 30 days' notice.

16.2 Updates to Terms: We may update these Terms periodically. Your continued use of the Services constitutes acceptance of updated Terms.

17. Governing Law and Jurisdiction

17.1 Governing Law: These Terms are governed by the laws of the State of Wisconsin, USA, without regard to conflict of law principles.

17.2 Jurisdiction: You agree to submit to the exclusive jurisdiction of the state and federal courts located in Milwaukee County, Wisconsin.

18. Dispute Resolution

18.1 Informal Resolution: Before pursuing formal action, parties agree to attempt resolution through good-faith negotiation.

18.2 Arbitration: Any unresolved disputes may be subject to binding arbitration through JAMS (Judicial Arbitration and Mediation Services).

18.3 Small Claims: Either party may bring small claims in their local small claims court.

19. Severability

If any provision of these Terms is found to be unenforceable, that provision shall be severed, and the remaining Terms shall remain in full force and effect.

20. Entire Agreement

These Terms, combined with our Privacy Policy, constitute the entire agreement between you and MediCureOn regarding your use of the Services.

21. Waiver

No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of MediCureOn.

22. Contact Information

For legal inquiries: legal@medicureon.com
For data privacy requests: dpo@medicureon.com
For general support: info@medicureon.com
General Address: Milwaukee, Wisconsin, USA
Phone: +1 (414) 501-3923

23. Data Residency

23.1 Regional Storage: Your health data is stored in compliance with applicable regulations: EU/Germany (GDPR), APAC/Singapore (PDPA), Americas/East US (HIPAA/State Laws).

23.2 Cross-Border Transfers: Where permitted, we may transfer data to process your requests or provide Services.

24. Apple Health Integration

24.1 HealthKit Compliance: Our integration with Apple HealthKit complies with Apple's HealthKit Terms and Apple Health privacy requirements.

24.2 Health Data Access: You control which health metrics are shared with MediCureOn through Apple Health settings.

25. Emergency Services Disclaimer

MediCureOn is NOT a substitute for professional emergency medical services. In a medical emergency, always call 911 (or your local emergency number). Our platform cannot provide emergency medical assistance.

26. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, including but not limited to health privacy laws (HIPAA, GDPR, CCPA, HITRUST) and FDA regulations for medical devices.

27. Consent

By clicking "I Agree" and using MediCureOn, you acknowledge that you have read, understood, and consent to these Terms of Use. This consent applies each time you access our Services.