These Terms of Service ("Terms") govern your use of the MedFetch AI platform operated by MedFetch AI LLC ("MedFetch AI," "we," "us," or "our") at medfetchai.com. By creating an account or using the Service, you agree to these Terms.
SCOPE; RELATIONSHIP TO OTHER AGREEMENTS
These Terms apply to website visitors, trial users, free-tier users, and users who have not entered into a separate written agreement with MedFetch AI. If you or your organization has entered into a Master Services Agreement (MSA) or other written agreement with MedFetch AI, that agreement governs your use of the Service and controls in the event of any conflict with these Terms.
1. ELIGIBILITY
You may use MedFetch AI only if you are: - A licensed healthcare provider (physician, chiropractor, nurse practitioner, or similar) authorized to access patient medical records under applicable law; OR - A licensed attorney with a valid patient authorization (HIPAA release) permitting access to the patient's records for legal purposes; AND - At least 18 years of age; AND - Using the Service for lawful professional purposes consistent with these Terms.
MedFetch AI is not a consumer product. It is not intended for use by patients accessing their own records (patients should use their EHR's native patient portal). Unauthorized use of this Service is strictly prohibited.
2. DESCRIPTION OF SERVICE
MedFetch AI provides an AI-powered platform that, with a patient's explicit authorization: - Connects to electronic health record systems (Epic, Cerner, and others) via FHIR R4 APIs - Retrieves authorized patient medical records - Generates AI-powered clinical summaries and legal chronologies - Presents records and summaries in a secure, browser-based interface
The Service is an information-retrieval and information-processing tool intended to assist professionals in reviewing records. It is not a substitute for clinical judgment, legal analysis, or direct review of the underlying medical records, and it does not provide medical or legal advice.
3. PATIENT AUTHORIZATION REQUIREMENT
You must obtain and maintain valid patient authorization before using MedFetch AI to access any patient's records. This means: - For clinical users: a valid treatment relationship or other lawful basis under HIPAA for accessing the patient's records - For attorney users: a signed HIPAA authorization (release form) from the patient or their authorized representative, valid under applicable state law
MedFetch AI's OAuth flow requires the patient to authenticate with their health system and explicitly approve access. This technical authorization does not replace your professional and legal obligation to ensure you have a valid legal basis for accessing records.
You represent and warrant that you have obtained all necessary authorizations before initiating any record retrieval through the Service.
4. ACCOUNT RESPONSIBILITIES
You are responsible for: - Maintaining the confidentiality of your account credentials - All activity that occurs under your account - Ensuring your use of the Service complies with HIPAA, state privacy laws, and your professional licensing obligations - Notifying us immediately of any unauthorized access to your account at privacy@medfetchai.com
5. PROHIBITED USES
You may not use MedFetch AI to: - Access patient records without valid patient authorization - Access records of patients who are not under your care or for whom you do not have a valid legal basis - Share, sell, or disclose PHI obtained through the Service to unauthorized third parties - Attempt to reverse-engineer, scrape, or extract data from the Service in bulk - Use AI-generated summaries as a substitute for direct clinical evaluation or legal judgment - Violate any applicable federal or state law, including HIPAA, state medical records laws, and professional licensing rules
6. AI-GENERATED CONTENT DISCLAIMER
AI-generated summaries and chronologies produced by MedFetch AI are created by large language models and are provided for informational assistance only. They may contain errors, omissions, or inaccuracies. They are not medical advice, legal advice, a diagnosis, a treatment recommendation, a causation or liability opinion, or a professional opinion.
You must independently verify all AI-generated summaries against the underlying source records before relying on them for any clinical, legal, or administrative purpose. MedFetch AI is not responsible for errors in AI-generated content or for decisions made in reliance on such content.
7. HIPAA COMPLIANCE
When you use MedFetch AI in connection with a covered entity or on behalf of patients, MedFetch AI acts as a Business Associate under HIPAA. Our Business Associate Agreement (BAA) governs the handling of PHI and is incorporated by reference into these Terms.
You agree to: - Use PHI only as permitted under HIPAA and your BAA with us - Not disclose PHI obtained through the Service in violation of HIPAA - Promptly notify us of any suspected breach of PHI in accordance with HIPAA breach notification requirements
8. SUBSCRIPTION AND PAYMENT
Access to paid features of MedFetch AI requires a subscription. Subscription fees, billing cycles, and payment terms are described on the pricing page at medfetchai.com/pricing. We reserve the right to change pricing with 30 days' notice. All fees are non-refundable except as required by law.
9. INTELLECTUAL PROPERTY
MedFetch AI and its technology, software, and content (excluding patient records) are owned by MedFetch AI LLC and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service for your professional purposes during your subscription term. You may not copy, modify, distribute, or create derivative works from the Service.
Patient medical records accessed through the Service belong to the patient and the applicable health system. MedFetch AI claims no ownership over patient data.
10. LIMITATION OF LIABILITY
If you use the Service under an executed Master Services Agreement or other written agreement with MedFetch AI, the limitation of liability in that agreement governs your use of the Service, and this Section does not apply to you.
For all other users (including website visitors, trial users, and free-tier users): TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDFETCH AI LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM RELIANCE ON AI-GENERATED SUMMARIES, FAILURE TO RETRIEVE RECORDS, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT. MEDFETCH AI'S TOTAL AGGREGATE LIABILITY TO ANY SUCH USER FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MEDFETCH AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED SUMMARIES WILL BE ACCURATE OR COMPLETE.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MedFetch AI LLC and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of HIPAA or any other applicable law; or (d) your access to patient records without proper authorization.
13. TERMINATION
We may suspend or terminate your account immediately if we determine you have violated these Terms, HIPAA, or any applicable law. You may cancel your subscription at any time. Upon termination, your right to access the Service ends. We will retain audit logs as required by HIPAA.
14. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the State of Idaho, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved by binding arbitration in Ada County, Idaho, except that either party may seek injunctive relief in any court of competent jurisdiction. Each party waives any right to a jury trial and to participate in a class or representative action.
15. CHANGES TO THESE TERMS
We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. CONTACT US
For questions about these Terms, contact us at:
MedFetch AI LLC Idaho, United States Email: privacy@medfetchai.com Website: https://medfetchai.com