ABOUT THE SERVICE IN A NUTSHELLThe Service is provided for informational purposes only. It provides general information and knowledge about drugs, drug interactions and side effects. It is not, and is not intended as, a substitute for your in-presence, qualified professional medical or pharmaceutical diagnosis, advice, guidance or treatment. Always seek the advice of a physician or qualified health care professional for any medical or health related issues.IN CASE OF A MEDICAL EMERGENCY, CONTACT YOUR LOCAL MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELYMYDI uses FDA and other data resources and medical databases to provide general information about drug interactions, while crowdsourcing our users’ information about their drug usage and side effects.Our Service includes an online questionnaire (the “Interaction Checker”), through which you will be asked to provide us with general information about yourself (age, sex), your medical condition, drugs and other supplements you are taking and any symptoms you are experiencing.We will collect the data you provided us through our Interaction Checker, learn and analyze it, and provide you with a general informational report about drug safety information, side effects and adverse drug reactions (the “Report”). Our report is based on FDA and other data resources and medical databases, as well as information from other users of the Service with similar medical and drug consumption profile.Our Report is provided for informational purposes only. Do not stop using any medications before seeking the advice of a physician or qualified health care professional.Using the Service does not create or imply doctor-patient or pharmacist-patient relationship between you and the Company.We further intend to provide unidentified analytical data to healthcare providers, pharma companies, researchers and regulators.Further information about our Service is explained within the relevant sections of our Website.
AGE RESTRICTIONYou must be 18 years of age or older to access or use the Service. If you are under the legal age of majority in your jurisdiction, you must obtain the approval of your parent or legal guardian to access and use the Service. We may request additional information to confirm your age at any time. By using or accessing our Service, you declare that you are 18 years of age or older or that you have obtained the approval of your parent or legal guardian to access and use the Service.
ACCEPTABLE USE OF THE SERVICEThe following clauses define the acceptable use of the Service. Subject to the Terms, you may access and use the Service and the features provided through the Service, for your personal, informational and non-commercial purposes.You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must to refrain from –• Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;• Interfering with, burdening or disrupting the functionality of the Service;• Breaching the security of the Service or identifying any security vulnerabilities in it;• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;• Using or launching any automated system, including robots, crawlers and similar applications to collect or compile content from the Service, or in such ways that may impair or disrupt the Service's functionality;• Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;• Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; or• Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.• Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the manner on which they originally appear or are made available through the Website;You may not access or use the Service in order to develop or create a similar or competitive product or service.
FEE-BASED SERVICESUse of the Service is free of charge. However, in the future we may require you to pay fees to use certain features on the Service ("Fee-based Services"), such as premium services. The rates and payment terms shall be posted at the relevant pages on the Service. We may, at any time and at our sole discretion, transform a free of charge Service to a Fee-Based Service, and change any rates and payment terms. Failing to settle your payments for a fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to us under the applicable law. Any changes in our fee schedule will take effect immediately after being posted on the Service.
INTELLECTUAL PROPERTYAll rights, title and interest in and to the Service, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute, or tarnish our goodwill.
CHANGES IN THE SERVICE AND DISCONTINUATIONWe may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service.Such changes, by their nature, may cause inconvenience or even malfunctions.YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.
AVAILABILITYThe availability, quality and functionality of the Service depends on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
CHANGES TO THE TERMSWe may amend the Terms from time to time. In such case, we may notify you of the amended Terms, through the Website or your email address. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the Website.
DISCLAIMER OF WARRANTYTHE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR STAFF, DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND THE REPORT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS (3) THE QUALITY OF THE SERVICE AND THE REPORT WILL MEET YOUR EXPECTATIONS (4) THE REPORT WILL BE ACCURATE, BENEFICIAL OR RELIABLE (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFIED AND FIT YOUR EXEPECTATION OR REQUIREMENTS (6) ANY ANALISYS OR INFORMATION WE WILL PROVIDE YOU IS COMPLETE, RELIABLE, ACCURATE, UP TO DATE, VALID OR ERROR-FREE.NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE AND THE REPORT, WHETHER OR NOT MADE BY ANY OF OUR STAFF WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE STAFF FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR GENERAL FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE IS NOT, AND YOU MUST NOT DEEM OR REPRESENT IT TO BE, A SUBSTITUTE FOR QUALIFIED PROFESSIONAL MEDICAL OR PHARMACEUTICAL DIAGNOSIS, ADVICE, GUIDANCE OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL FOR ANY MEDICAL OR HEALTH RELATED ISSUES.
LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BODILY INJURY BY MEDICATIONS CONSUMED OR ABUSED, OTHER NEGLIGENCE RELATED TO THE SERVICE OR ITS USE, LOSS OF PROFIT, LOSS OF DATA, OTHER INTANGIBLE LOSSES OR ANY OTHER DAMAGE OR LOSS ARISING FROM OR IN CONNECTION WITH: (A) THE SERVICE, (B) THE USE OF OR THE INABILITY TO USE THE SERVICE, (C) THE REPORT WE HAVE PROVIDED YOU (D) ANY CONTENT PRESENTED ON THE SERVICE AND THE REPORT, (E) YOUR RELIANCE UPON OR THE EXPECTED OUTCOME OR BENEFITS FROM ANY INFORMATION, REPORT OR CONTENT ON THE SERVICE, (F) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, (G) ANY FAULT, OR ERROR MADE BY OUR STAFF, (H) OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR INFORMATION ON THE SERVICE.
INDEMNIFICATIONTo the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service or any content or Information, or from your breach of the Terms. You are solely responsible for information you provide and communicate through the Service, and for all consequences associated with it.
COMMERCIAL INFORMATIONWe may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties, we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised. We may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.
LINKSThe Service may contain links to content published on websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
GOVERNING LAW & JURISDICTIONRegardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of New York, USA, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.Before submitting any dispute, claim, or controversy arising out of, in connection with or relating to these Terms, to court, you and us will dedicate at least two weeks to attempt to amicably resolve such matter in an informal dispute resolution process. However, nothing herein shall, in any way, affect either party’s right to seek interim or emergency relief in the court of competent jurisdiction, or our right to lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us – all, without referring the matter to amicable resolution pursuant to the foregoing.Any dispute in connection with the Service or these Terms, that you and the Company are unable to amicably resolve, shall be submitted to the sole and exclusive jurisdiction and venue of the New York State Courts located in New York County, New York, and the U.S. Federal District Court for the Southern District of New York. You and the Company hereby expressly consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections related thereto including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens.YOU AND THE COMPANY, EACH IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EXCEPT IN THE EVENT THAT WE LODGE A CLAIM AGAINST YOU PURSUANT TO THE INDEMNITY CLAUSE ABOVE AND THE THIRD PARTY CLAIM AGAINST US IS BEING ADJUDICATED IN A TRIAL BY JURY.
GENERALWhenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
CONTACT USAt any time, you may contact us with any question or complaint that you may have with respect to the Service, at: firstname.lastname@example.org or through our online contact form.Last updated: September 2016