Updated October 12, 2024
THIS SITE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. IN THE EVENT OF A MEDICAL EMERGENCY SEEK IMMEDIDATE ASSISTANCE OR DIAL 911.
1. OUR SERVICES
Lotus Health AI's Services are designed to empower consumers with advanced health analytics and seamless organization of health data. AI provide core history about the health. Medical Advice Our platform is intended to be used in compliance with all applicable healthcare regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), ensuring the confidentiality, integrity, and security of patient health information.
The services provided by Lotus Health AI are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on the Lotus Health AI platform.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. USER REPRESENTATIONS AND REGISTRATION
By registering for and using the Services, you affirm that: (1) you are at least 18 years of age or have obtained parental or guardian consent if under 18; (2) the information you provide during registration and at all other times will be true, accurate, current, and complete; (3) you will ensure the confidentiality of your account credentials and accept responsibility for all activities that occur under your account; (4) you possess the legal capacity to enter into these Legal Terms and to form a binding agreement under any applicable law; (5) you will not use the Services for any purpose that is illegal or prohibited by these Legal Terms; (6) you will not share your account information, nor will you let anyone else access your account or do anything that might put your account at risk; (7) you will not transfer your account to anyone else without our prior written permission; and (8) you will comply with all laws and regulations applicable to your use of the Services, including but not limited to copyright laws and regulations governing privacy and personal health information.
We reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof) if we suspect that the information you provide is untrue, inaccurate, not current, or incomplete, or if you violate any of the terms of these Legal Terms.
While our platform employs advanced AI to assist in health analytics, users should be aware that the AI's role is to support, not replace, the clinical judgment of healthcare professionals. The AI is designed to process and analyze health data within specified parameters and is not capable of interpreting complex health conditions or making autonomous clinical decisions.
3. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
Lotus Health AI, Inc. retains all ownership and intellectual property rights to the Services we provide, including but not limited to our advanced health analytics platform, algorithms, machine learning models, software, interfaces, and any documentation (collectively, the “Content”). Our trademarks, service marks, and logos (the “Marks”) used in connection with the Services are also our property or that of our licensors.
The Content and Marks are safeguarded by intellectual property laws and treaties around the world, including but not limited to copyright, patent, and trademark protections. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and Content for your personal health management purposes only, in accordance with these Legal Terms.
Any use of the Services or Content outside the scope of these Legal Terms, including but not limited to modification, distribution, or commercial use, is strictly prohibited without our express written consent.
4. YOUR USE OF OUR SERVICES
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services; including viewing and interacting with the Content provided, strictly for managing your personal health information and for making informed decisions regarding your health and wellness.
You are prohibited from:
• Copying, modifying, distributing, selling, or leasing any part of our Services or included Content;
• Using our Services or Content for any commercial purpose without obtaining explicit written permission from us;
• Decompiling, reverse engineering, or attempting to extract the source code of our software, except to the extent that applicable laws prohibit these restrictions.
Should you wish to request additional permissions beyond the scope of this license, please contact us directly at support@lotushealth.ai. All rights not expressly granted to you herein are reserved by Lotus Health AI.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully to understand your rights and obligations when you share any content through our Services.
License Grant for Submissions and Contributions.
Submissions: When you send us any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you grant us a perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submissions in whole or in part, and to incorporate them into other works in any form, media, or technology now known or later developed for the purposes of operating and improving the Services, including for commercial purposes, without acknowledgment or compensation to you.
Contributions: Our Services may allow you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials, including but not limited to health-related information, personal experiences, text, writings, audio, photographs, and graphics ("Contributions"). By making Contributions, you grant us the same rights as Submissions, allowing us to use these Contributions for the operation and enhancement of our Services, including the development of new features and functionalities. You are responsible for ensuring your Contributions comply with all applicable laws and do not infringe on any rights, including privacy rights and intellectual property rights of others.
You understand that Submissions and Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Submissions or Contributions, you grant us a broad license (including use of your name, trademarks, and logos): You grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use your Submissions and Contributions for any lawful purpose, commercial, advertising, or otherwise. This includes the right to modify, adapt, reformat, and create derivative works from your Submissions and Contributions, and to sublicense these rights. This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: You confirm that your Submissions and Contributions are your original work or you have the right to use them and grant us the rights as described. You also agree not to post any content that is illegal, harassing, harmful, or in violation of anyone's rights, and you accept responsibility for any use of your Submissions and Contributions by us in accordance with these terms.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may manage Content: We reserve the right, but not the obligation to monitor, edit, or remove any Submissions and/or Contributions that do not comply with our guidelines or that we find harmful or inappropriate. If we remove or edit any such Submissions and/or Contributions, we may also suspend or disable your account and/or report you to the authorities.
Copyright Infringement
We respect the intellectual property rights of others, including copyrights related to healthcare data, AI-generated insights, and any other proprietary content. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY” section below. We are committed to addressing your concerns and taking appropriate action in accordance with applicable copyright laws and our DMCA policy.
5. PROHIBITED ACTIVITIES
You are prohibited from using the Services for any of the following activities:
• Illegal Activities: Engaging in any activities that are illegal or in violation of applicable laws and regulations.
• Health Data Misuse: Unauthorized use, disclosure, or alteration of any health data, including patient information, in violation of privacy laws such as HIPAA.
• Impersonation: Impersonating any person or entity, including a healthcare professional or another user, or falsely stating or misrepresenting your affiliation with any person or entity.
• Interference with AI Systems: Interfering with, disrupting, or attempting to gain unauthorized access to the AI or machine learning systems used by the Services.
• Unauthorized Sharing: Sharing or disclosing personal health information without proper authorization or consent, or in a manner that violates any privacy laws or regulations.
• Intellectual Property Infringement: Copying, modifying, distributing, or using the Services' content in a way that infringes upon the intellectual property rights of Lotus Health AI or others.
• Unauthorized Access: Accessing the Services through any automated means not provided as part of the Services, such as bots or scripts, or through any unauthorized third-party applications.
• Service Disruption: Conducting any activity that disrupts, overloads, or harms the Services or the networks and servers associated with the Services.
• False Information: Providing information that is false, inaccurate, not current, or incomplete during registration or while using the Services.
• Commercial Use: Using the Services for any unauthorized commercial purpose or solicitation without prior written consent from Lotus Health AI.
• Modification of Content: Modifying, copying, or creating derivative works from the Services' content without prior written permission from Lotus Health AI.
• Exploitation of Vulnerabilities: Probing, scanning, or testing the vulnerability of the Services or breaching security or authentication measures without proper authorization.
• Malware Distribution: Uploading or distributing malware, viruses, or any other harmful code that may damage the operation of the Services or other users' devices.
• Data Mining: Engaging in data mining, data harvesting, or any other similar activity in relation to the Services or while using the Services.
• Unauthorized Reporting: Using the Services to generate reports or data for unauthorized commercial purposes.
Consequences
Violation of any of these prohibitions may result in immediate suspension or termination of your access to the Services, legal action against you, and notification to law enforcement authorities as appropriate.
Reporting Violations
If you observe or suspect any misuse of the Services or violation of these prohibitions, please report it immediately to Lotus Health AI's support team for investigation and appropriate action.
6. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
7. MOBILE APPLICATION LICENSE
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
8. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App,) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third- Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;(4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services, especially in regard to our AI and machine learning systems.
Violations of these Legal Terms, including unauthorized use of the Services, may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. You understand and agree that in Lotus Health AI's sole discretion, and without prior notice, your access to the Services may be terminated for violating the prohibitions in these Legal Terms, and you agree that Lotus Health AI shall not be liable to you or any third-party for any termination of your access to the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://lotushealth.ai/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in United States, then through your continued use of the Services, you are transferring your data to United States, and you expressly consent to have your data transferred to and processed in United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
International Users
If you are located outside of the United States and access the Services or submit your information to us, United States law may not offer the same privacy protections as the law of your jurisdiction. If you visit our Services or contact us from outside of the United States, please be advised that (a) any information you provide to us or that we automatically collect will be transferred to the United States; and (b) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with our Privacy Policy.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
DMCA Notice and Policy
At Lotus Health AI, we respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please inform us by sending a notice of alleged infringement, containing the following:
1. Your physical or electronic signature.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.'
Counter-Notice
If you believe that your material has been removed by mistake or misidentification, you may send us a written counter-notice including the following:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number.
5. A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Lotus Health AI may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.
Contact Information
Please send your DMCA Notice or Counter-Notice to our designated agent at the following address:
Lotus Health AI, Inc.
support@lotushealth.ai
12. TERM AND TERMINATION
These Terms of Service are effective upon your acceptance and will remain in effect until terminated. Lotus Health AI reserves the right to terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to breach of these Terms, applicable law, or unauthorized use of the Services. Upon termination, you must cease all use of the Services and any information obtained from the Services. Termination may include deletion of your account and all related information. Any provisions of these Terms that, by their nature, should survive termination will remain in effect after termination.
13. MODIFICATIONS, INTERRUPTIONS AND CORRECTIONS
Lotus Health AI may, at its sole discretion, change, modify, or remove any part of the Services at any time and for any reason without prior notice. While we strive to keep the Services up-to-date, we are not obligated to do so, and we may also discontinue any aspect of the Services without notice.
The availability of the Services may be affected by various factors, including but not limited to technical issues, maintenance, or updates. Although we aim to ensure the Services are accessible, we do not guarantee uninterrupted availability. We are not liable for any loss, damage, or inconvenience resulting from any interruption or discontinuance of the Services. We are not obligated to maintain, support, or update the Services, nor to provide any specific corrections or releases.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of California applicable to agreements made and to be entirely performed within California, without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Francisco County, California, US. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco County, California, US, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, AND YOU AGREE TO USE THEM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOTUS HEALTH AI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO CLAIMS REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. FURTHER, WE ARE NOT LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY SERVICE INTERRUPTIONS, (5) ANY VIRUSES OR HARMFUL COMPONENTS TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED THROUGH THE SERVICES, NOR DO WE PARTICIPATE IN MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. YOU ARE RESPONSIBLE FOR EXERCISING CAUTION AND USING YOUR JUDGEMENT WHEN PURCHASING PRODUCTS OR SERVICES IN ANY MEDICUM.
17. NOT MEDICAL ADVICE.
We are not a medical or health care services provider or lab services provider and do not provide medical or health care or lab services or advice including, but not limited to, emergency or urgent medical services. None of the Service content (other than certain information you may receive directly from health care professionals) should be considered medical advice or an endorsement, representation or warranty that any particular treatment or medication is safe or effective, for you. Lotus Health AI does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by health care professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Lotus Health AI nor any third parties who promote the Service or provide you with a link to the Service shall be liable for any professional advice you obtain from a health care professional via the Service and are not responsible for any reliance or non-reliance on any information receive from your medical services or health care services provider through our Service.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
22. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
LOTUS HEALTH AI
440 N BARRANCA AVE #4094
COVINA, CA 91723, USA
support@lotushealth.ai
Terms & service policies
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