Effective Date: February 21, 2025
Last Modified: February 21, 2025
These Website Terms of Use ("Terms of Use") are entered into by and between you and NotADoctor.ai ("NADA", "we," or "us"), a service of HealthcareAgents ("HealthcareAgents"), which in turn is a business of Encultured AI, PBC, a Public Benefit Corporation. The following terms and conditions govern your access to and use of https://notadoctor.ai/, including any content, functionality, and services offered on or through https://notadoctor.ai/ ("Website"), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://notadoctor.ai/policies/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with HealthcareAgents and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by residents of California, New York, and Texas. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
NADA will retrieve, store, and manage information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with or to you ("Personal Information"), including
(i) Personal Information that reveals private information about you ("Sensitive Personal Information"), which may include, but is not limited to your race, ethnic origin, religious beliefs, mental or physical health diagnosis, sexuality, genetic or biometric data, precise geolocation, neural data, contents of messages or communications with your healthcare providers, or analyses of your health and
(ii) Personal Information pertaining to your health ("Patient Information"), which may include, but is not limited to your: medical records (including but not limited to history and physical, diagnostic/operative/lab/radiology reports and images, progress and procedure notes, immunizations), self-reported survey answers, non-laboratory test results, demographic information, provider contact details, dates of treatment or diagnosis, and personal contact information about you and/or your representative. NADA’s artificial intelligence tool can help you formulate questions to ask to your healthcare provider, based on the Patient Information you provide or request your healthcare providers to provide on your behalf.
Because we receive Patient Information from you, we cannot guarantee that the content, quality, interpretation, or recommendations contained in your Patient Information, is 100% accurate. Our extraction, analysis, and interpretation of your information also is limited by current technology and regulation, as well as scientific and medical knowledge, and is subject to change. Our services are not a replacement for in-person physician appointments or even virtual physician appointments, and we encourage you to share any information you receive via NADA with your current physician(s) or healthcare providers treating your conditions.
By using the Website, you acknowledge and agree that you are aware of and will assume the following risks of the limitations of the Website:
The Patient Information we retrieve on your behalf may not be comprehensive or fully updated because NADA relies on information you or your healthcare providers provide to us.
Because we do not create your Patient Information, the information we extract and analyze from your Patient Information may not be accurate, current or comprehensive;
Although we perform quality control on our processes and procedures, we are not responsible for the content or quality of the Patient Information, or the quality of interpretations we help you to produce from it.
Our extraction, summaries, or analysis of your Personal Information is limited by current technology and is subject to change based on technological innovations.
NADA’s platform is not a substitute for an electronic health record (EHR) or electronic medical record (EMR), which are standarized records used by healthcare providers to track and deliver healthcare services to you.
NADA provides questions and considerations generated by artificial intelligence from your Patient Information solely to help you communicate more effectively with your healthcare providers. These questions are not intended to replace professional medical advice, diagnosis, or treatment, and on the
Any analysis conducted on your Patient Information is based on current knowledge of your conditions, and our analysis may change based on new knowledge about your conditions in the future.
Even though you may provide us with all your Patient Information, we may not understand or know which variables contribute to your conditions based on limitations in current scientific and medical knowledge.
There are many variables that contribute to your health and wellbeing, such as your lifestyle, environment, and genetics; therefore, NADA’s analysis of your Patient Information is limited and provisional.
Users are hereby strongly advised to consult with their healthcare provider for any medical concerns or decisions. In particular, you should not delay seeking advice from your existing physician(s) and medical professionals as a result of information provided by NADA. Indeed, we hope that your use of our services will in fact encourage you to communicate more promptly and effectively with your healthcare provider(s).
HealthcareAgents and its operators disclaim any liability for actions taken or not taken based on the artificial intelligence generated content. By using the Website, you acknowledge and agree that the Website is not responsible for any decisions or outcomes resulting from the use of artificial intelligence generated questions.
If you choose to share any information in your NADA profile with a medical professional, such information may become part of your medical record and may be made available to medical insurers or other entities.
If you choose to share or disclose your Personal Information to any third party, our Privacy Policy and Terms of Use do not apply to their receipt, use, or re-disclosure of your Personal Information, including possible identification or further disclosure of your Personal Information by such parties to other third parties. HealthcareAgents is not responsible for any access, use, or disclosure of your Personal Information by such third parties;
The Website is limited in nature because it is conducted online and as a digital medium.
ALTHOUGH WE HOPE THE WEBSITE IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
De-Identified Information means information that cannot reasonably be linked to an identified or identifiable individual or device.
Cross-Context Behavioral Advertising means the targeting of advertising to you based on your Personal Information obtained from your activity across businesses, distinctly branded internet websites, applications, or services, other than such activity on NADA’s Website.
Selling means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating your Personal Information to a third party for monetary or other valuable consideration.
However, Selling does not include:
Disclosures or interactions with third parties as directed by you.
Transfers to processors that process Personal Information on our behalf.
Disclosures necessary for providing NADA’s services that you request.
Transfers to affiliates our affiliates.
Disclosures of Personal Information made publicly available by you.
Transfers as part of a merger, acquisition, or similar transaction, provided Personal Information is used consistently with the original terms.
Sharing means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating a consumer’s Personal Information to a third party for Cross-Context Behavioral Advertising, even if no money is exchanged.
However, Sharing does not include:
Disclosures or interactions with third parties as directed by you.
Alerting other third-parties that you have opted out of sharing your Personal Information.
Transfers as part of a merger, acquisition, or similar transaction, provided Personal Information is used consistently with the original terms.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Arbitration section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must use reasonable efforts to ensure all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy currently found at https://notadoctor.ai/policies/privacy, and you consent to all actions we take with respect to your Personal Information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any unauthorized persons with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately, via email to contact@notadoctor.ai, of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Except for your Personal Information, the Website and its entire contents, features, and functionality (including but not limited to all information other than your Personal Information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HealthcareAgents, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not create create derivative works of our website except as follows:
Your Personal Information may be downloaded by you and used at your discretion.
Your computer may temporarily store copies of such materials incidentally to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution (except to your healthcare providers).
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features at your own discretion.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by HealthcareAgents. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
NADA’s name, these Terms of Use, the NADA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HealthcareAgents or its affiliates or licensors. You must not use such marks without the prior written permission of HealthcareAgents except that you are permitted to share NADA’s name with your healthcare providers. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm other people in any way.
For the purpose of interacting with minors in any way, except to care for your own children. In particular, using our site to expose minors to inappropriate content or asking them for personally identifiable information is totally unacceptable.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate NADA, HealthcareAgents, its employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
Additionally, except via API endpoints explicitly provided by us to enable your automated access to our services, you agree not to:
Not to use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Not to use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Additionally, except via your own good faith usage of the website which may at times compete with other site users for site resources, you agree:
Not to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm NADA, HealthcareAgents, or users of the Website, or expose them to liability.
Not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Not to use any device, software, or routine that interferes with the proper working of the Website.
Additionally, you agree:
Not to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Not to attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Not to otherwise attempt to interfere with the proper working of the Website.
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Disclose your identity or other information about you to any third party who presents a legally legitimate and credible claim that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS HEALTHCAREAGENTS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by you. We hereby represent no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy currently hosted at https://notadoctor.ai/policies/privacy. By using the Website, you consent to all actions taken by us with respect to your Personal Information in compliance with the Privacy Policy.
You may link to our homepage, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HEALTHCAREAGENTS NOR ANY PERSON ASSOCIATED WITH HEALTHCAREAGENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HEALTHCAREAGENTS NOR ANYONE ASSOCIATED WITH THE HEALTHCAREAGENTS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, HEALTHCAREAGENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HEALTHCAREAGENTS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, EXCEEDING ONE-THOUSAND DOLALRS ($1,000) AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless HealthcareAgents, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts of the Northern District of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At HealthcareAgents' sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by HealthcareAgents of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HealthcareAgents to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HealthcareAgents regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by HealthcareAgents, located at https://notadoctor.ai/. While it is possible for you to enter freeform text in various places on the Website, including in chats with our "feedback bot", such communications will not be treated as legally obliging or official communications to our company.
Any legally obliging or official communications relating to the Website or our services, including but not limited to feedback, comments, or requests for technical support, should be directed to: contact@notadoctor.ai.