AI Chat Demo Terms of Use

Effective Date: October 9, 2024

These Terms of Use (“Terms”) apply to Amalgam’s AI chat demo, available at https://ai.amalgamrx.com/demo/login, including all the features and functionality of the site and the content accessible through the site, regardless of whether it is accessible online, wirelessly, electronically, offline or in print and any related documentation associated with the site (“Site”).

These Terms form a binding agreement between you and Amalgam Rx, Inc., a Delaware corporation (“Amalgam”) sometimes referred to as “us” “we” “our”. By accessing and/or utilizing the Site you agree to these Terms.

1.   DEFINITIONS

• “Amalgam” means Amalgam Rx, Inc., a company incorporated under U.S. law, with its business address at 1007 N. Orange Street Suite 400 Wilmington, Delaware 19801, USA.
• “Content” means Input and Output, collectively.
• “Input” means the information you share with the Site.
• “Output” means information you receive from the Site based on your Input.

2.   INTRODUCTION

The Site is not intended for use by minors. By utilizing the Site, you represent that you are of legal age to enter into these Terms and utilize the Site.

THE SITE IS NOT INTENDED TO REPLACE THE CARE AND MANAGEMENT PROVIDED BY ANY HEALTHCARE PROFESSIONAL.

THE SITE SHOULD NOT BE USED IN CASES OF EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES AND/OR A DOCTOR.

3.   CONTENT AND USE DISCLAIMER

 We do not in any way guarantee that the results/advice/content as reflected in the Site are correct. Amalgam does not provide or make any representation, warranty or guarantee, express or implied about the Site. In case of doubt, please do not rely on the results/advice/content in the Site and immediately consult a healthcare provider. To the fullest extent permitted by applicable law, Amalgam cannot accept any liability whatsoever in respect of information provided by the Site. Any actions you take based on the content and information otherwise provided by the Site are taken at your sole risk. You should always cross-check any information provided through the Site to ensure its accuracy.

When you use the Site, you understand and agree:

• Output may not always be accurate.
• You should not rely on Output from our Site as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Site.
• The Site may provide incomplete or incorrect Output. If Output references any third-party products or services, it doesn’t necessarily mean the third party endorses or is affiliated with Amalgam.
• The Site is intended as a demo only. You should refrain from uploading sensitive health information tied to an identifiable person.

4.   PRIVACY

Under applicable data protection laws, we need to provide you with certain information, including who we are, how your personal information is processed and for what purposes, and your rights in relation to your personal information. This information is provided in the Privacy Policy and it is important that you read that information. The privacy policy is herein incorporated into these Terms and may be updated from time to time.

5.   HOW TO USE THE SITE

Subject to your compliance with these Terms, you may access and use the Site. In using the Site, you must comply with all applicable laws.

You may not, nor may you assist another to, use the Site for any of the following activities:

• Illegal, harmful, malicious, fraudulent, or abusive activity;
• Infringement, misappropriation, or violation of anyone’s rights;
• Transmitting any material that is defamatory or offensive;
• Displaying, uploading, publishing, modifying, updating, or sharing any information which belongs to another person and which you do not have a right to;
• Modifying, copying, leasing, selling or distributing the Site;
• Reverse engineering, decompiling, or discovering the source code or underlying components of the Site, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law);
• Automatically or programmatically extracting data or Site Output;
• Representing that Output was human-generated when it was not;
• Interfering with, damaging, or disrupting the Site. Including, circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we implement on the Site;
• Using Output to develop models that compete with the Site;
• Hacking into or inserting any virus or harmful data into the Site.

6.   CONTENT

You are responsible for Input, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the Site.

We may use Content to provide, maintain, develop, and improve the Site, comply with applicable law, enforce our terms and policies, and keep the Site safe. By accessing the Site, you agree that we may utilize Content to train our models.

7.   QUESTIONS AND/OR COMPLAINTS ABOUT THE SITE

If you have questions or concerns about the Site or these Terms, you may contact Amalgam via email at contact@amalgamrx.com.

8.   DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Use of the Site is at your sole risk and Amalgam assumes no responsibility for your use of the Site or any consequences thereof. TO THE FULLEST EXTENT PERMITTED BY LAW THE APP (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITE WILL (I) MEET YOUR REQUIREMENTS; (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) PROVIDE RESULTS THAT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) BE FREE FROM ANY ERRORS OR ANY DEFECTS, OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED.

To the fullest extent permitted by applicable law, Amalgam is not liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or under any other theory of law or otherwise, even if the loss or damage (whether direct, indirect, consequential, incidental, special or economic, including loss of profits or business opportunity) was foreseeable, that occurs as a result of or in connection with the (i) use of, or inability to use, the Site, or the (ii) use or reliance on any Content displayed or available in the Site.

Nothing in these Terms limits or excludes: (i) your rights under consumer laws; (ii) any other warranty or liability that cannot be limited or excluded under applicable law, or (iii) death or personal injury caused by negligence.

9.    INDEMNIFICATION

You agree to indemnify and defend Amalgam, including their affiliates and their respective directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees arising as a result of your use of the Site, Input uploaded to the Site or otherwise shared by you, or your breach of these Terms.

10. LICENSE / OWNERSHIP / INTELLECTUAL PROPERTY RIGHTS

Upon your acceptance of these Terms, and so long as you comply with these Terms, until either party terminates these Terms, we grant you a limited, revocable, non-transferable and non-exclusive license to use the Site and the documentation for your own personal use as they are intended to be used as described in the Site or in other materials provided by us, all in accordance with these Terms.

Your right to use the Site is personal to you. Unless Amalgam has expressly provided consent or mandatory statutory provisions under applicable law allow you to do so, you must not:

• transfer the Site to any other person.
• rent, lease, lend, sell, redistribute, transfer, assign or sub-licence the Site or use the Site for commercial purposes or similar.
• reproduce, copy, duplicate, sell, resell or exploit the Site or documentation except as part of the normal use of the Site.
• translate, merge, adapt, vary, alter or modify, the whole or any part of the Site or documentation.
• allow any part of the Site to be combined with or incorporated in any other program, except as expressly set out in the documentation.
• disassemble, de-compile, reverse engineer or create a derivative or copy work based on all or any part of the Site, nor try to do so.

You agree to comply with all user responsibilities and obligations in these Terms and as stated above. Failure to act with respect to a breach by you or others of the contents of these Terms does not constitute consent or waiver by us, and we reserve the right to enforce such term at our sole discretion.

We own all rights, title and interest to the Site and the Documentation, including all related algorithms, software, systems, codes, methods, as well as the Output that may be presented or accessed through the Site, the processes, methodologies, documents and other materials we use to provide the Site and the Documentation or that we provide to you in connection with your use of the Site, and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to the Site (“Intellectual Property Rights”).

All Intellectual Property Rights are held by us or relevant third parties, and no rights to any Intellectual Property Rights are granted to you except as set forth in these Terms. Trademarks, logos, names and other symbols identifying us, or the Site, are owned by us or relevant third parties. You may not remove or alter any notice provided by us on or in connection with the Site.

Subject to the terms of the Privacy Policy, when you upload, submit, store, send, or receive information to or through the Site, you give us a worldwide perpetual, irrevocable, transferable, sublicensable license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make regarding Site functionality so that your data works better with our Site). You are required to ensure that you have the necessary rights to grant us this license for any information that you submit to the Site.

You may, from time to time and in your discretion, provide input, suggestions, enhancement requests, recommendations, corrections, or other feedback related to the Site. You hereby grant to us a perpetual (or the longest period available under applicable law), worldwide, irrevocable transferable, sublicensable right to use and fully exploit all feedback for any lawful purpose without payment or other consideration to you.

11. TERM AND TERMINATION

You are entitled to terminate these Terms at any time by ceasing use of the Site.

We are entitled to terminate these Terms immediately by giving written notice to you and without further obligation or, subject to applicable law, liability to you, if: you are not, or we believe you are not, using the Site in accordance with these Terms, or you act in a manner that shows you do not intend to, or are unable to, comply with these Terms, or where we are obliged to do so for vigilance reasons or due to other regulatory requirements, or if you commit any other breach of these Terms.

If these Terms are terminated for any reason whatsoever, the license and all other rights granted to you for the Site shall expire immediately and you shall cease using the Site immediately.

12. MISCELLANEOUS

Updates to the Site

Amalgam retains the right to change the Site, launch updates of the Site and/or to discontinue the Site or access thereto at any time. This can be done for all users.

Blocking of Access to the Site

Individual existing or potential users may be denied access to the Site if there is any suspicion that the Site is misused or if Amalgam has a reasonable interest to deny or discontinue access for the user.

Changes to these Terms

These Terms can be updated from time to time by Amalgam, including to make future changes to the Site or to reflect our legal obligations or changes in the way we provide the Site to you. These changes will take effect when they are updated on our website.

Severability

If one or more provisions of these Terms are void or voidable, this will not affect the rest of these Terms.

Assignment

We may assign these Terms in whole or in part at any time. You may not assign these Terms or transfer any rights to use the Site. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

Entire agreement

These Terms are the complete and final agreement between you and Amalgam, supersedes any prior agreements, and may only be modified as described in these Terms. Failure to exercise or enforce any right or provision of this Terms will not constitute a waiver of such right or provision.

Applicable law and Jurisdiction

Applicable law shall be the law of Delaware without regard to the principles of conflicts of laws.