CurieAI Terms of Use

Your doctor has ordered the CurieAI Device to better inform your medical care. The tablet and pulse oximeter (the “Devices”) and the services we provide through these Devices, our website and our app (“Services”) are provided to you free of charge.

These Terms of Use (“Terms”) governs your use of the Devices and Services. If you do not agree with these terms, do not use the Service. You must be 18 years or older to use the Services.

We may change or replace any portion of the Terms at any time and for any reason at our discretion, effective immediately upon posting on our websites, app or through the Devices. You are responsible for checking these updated Terms periodically for changes. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the updated Agreements. If you disagree with any changes, you should stop using the Services.

We may, in our sole discretion, refuse to offer the Services to you.

Please see our Privacy Policy to understand how we collect and handle your personal information, which forms a part of these Terms. By accessing or using the Services, you acknowledge and agree to the provisions of the Privacy Policy.

The Devices record the sounds around them and then translates those sounds into data about your breathing. Along with readings from the pulse oximeter, that data is automatically transmitted to CurieAI; we then process that data and send it to your doctor. You understand and acknowledge that the Devices are recording both the sounds around it and your voice; however only certain physiological data, and not the content of your conversations, are retained by CurieAI.

The Devices are provided to you free of charge; however they remain the property of CurieAI, and CurieAI reserves the right to have you return the Devices once you cease using the Services. You are responsible for any loss of or damage to the Devices (ordinary wear and tear excluded).

CurieAI provides you with a cellular connection so that the devices can transmit information back to CurieAI without any further resources from you; except that you are responsible for keeping the devices powered.

With the exception of the Devices, you are responsible for obtaining cellular or internet services required for allowing the app to transmit your information. There are always security and access availability risks associated with the internet, and you expressly assume such risks. You are responsible for the data security of the systems used to access the Service and for the transmission and receipt of information using such systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your system.

You may only use the Devices in conjunction with the Services. The Devices are provided solely for your use. Do not share them or allow others to use them.

We reserve the right to change, replace, limit, suspend, or discontinue any part of the Services at any time at our sole discretion.

You may, at your option, download the CurieAI App, which will allow you to view certain information about the Services and contact the CurieAI team. It is not necessary to download the App in order to use the Services.

By registering for an account, you represent and warrant:

It is your responsibility to maintain the security of your account, including choosing and maintain a secure password.

The Devices (with the exception of the pulse oximeter) have not been cleared by the FDA as medical devices, nor does CurieAI offer medical advice.

The fact that your doctor has ordered the Services for you does not mean that CurieAI endorses or recommends your doctor, nor control the medical advice your clinician gives you.

THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. SERVICES DO NOT REPLACE 911, YOUR PERSONAL HEALTH CARE PROVIDERS, ADVICE NURSES, OR OTHER EMERGENCY ASSISTANCE. DO NOT RELY ON THE SERVICES IN ANY WAY FOR EMERGENCY ASSISTANCE. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM.

The Services and all materials on the Services are owned or licensed by CurieAI. We grant to you, for your personal purposes only, a non-exclusive, limited, and revocable right to access and use the Service during the term of this Agreement, so long as you comply with these Terms.

You own your personal information and any other content that you post on or through the Services. For CurieAI to provide you with the Services, you grant to CurieAI, a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your content to use the Services. You also agree to allow CurieAI to de-identify and anonymize your content, including, without limitation, your personal health information, and to use or disclose such de-identified information.

You must only use the Services in accordance with all applicable federal, state and local laws. While using the Services, you shall not:

You agree not to: (i) access the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Services; (v) use robots or scripts with the Services; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Services; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to CurieAI; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.

The Services may provide content and material from, and links and references to, web sites of third parties and other third-party resources not controlled by CurieAI. We may also rely on such Third-Party Content for services to be rendered to you or us (collectively, “Third Party Content”). Third Party Content specifically includes, but is not limited to, all information and postings by users of the Services. You acknowledge and agree that CurieAI neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third-Party Content. Any concerns regarding such Third-Party Content should be directed to the third party. Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Services. Nothing on the Services shall be deemed to be a recommendation of any third party, Third Party Content or third-party products or services, or to constitute any representation or warranty as to a third party’s qualifications, services, products, offerings, information or any other content. CurieAI does not provide, sell, license, or lease any of the Third-Party Content other than those specifically identified as being provided by CurieAI subject to the Terms.

You agree to indemnify, defend and hold harmless CurieAI, its clients and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with your access to or use of the Services or CurieAI’s materials, Your violation of these Terms, or any negligent or wrongful conduct by You or related to Your account by you or any other person accessing the Services or CurieAI materials through Your account.

These Terms shall be governed by the laws of the State of California, without regard to any conflicts of laws principles. The courts of the Santa Clara, California shall have jurisdiction over any action arising under these terms or your use of the Services or materials.

No waiver of rights by either party shall constitute a subsequent waiver of any right under this Agreement and all waivers must be in writing. In the event that any term is held by a court to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms without the prior written consent of CurieAI at its sole discretion. This is the complete agreement between the parties hereto concerning the subject matter of this agreement and replaces any prior oral or written communications between the parties with respect thereto.

We welcome and encourage you to provide us with feedback, comments and suggestions for improvements to the Services or materials (“Feedback”). You may submit Feedback by contacting us, such as email, a call or a message within the app. If you submit any Feedback to us, CurieAI will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.

If you or CurieAI has any dispute regarding these Terms, including but not limited to any alleged breach of these Terms, the parties will submit the dispute to binding arbitration in California before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association. The arbitrator may, but does not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.