Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Medinova. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Medinova Ltd ("Medinova", "Company", "we", "us", "our"), a company registered in the United Kingdom, governing your access to and use of the Medinova website, platform, applications, and all related services (collectively, the "Service" or "Platform").

By accessing, browsing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Service. Your continued use of the Service constitutes your ongoing acceptance of these Terms, as amended from time to time.

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Platform. Your continued use following such modifications constitutes acceptance of the updated Terms.

2. Definitions

In these Terms, the following definitions apply:

• "Content" means any text, graphics, images, audio, video, software, data compilations, educational materials, case studies, simulations, algorithms, and any other form of information or media that appears on or forms part of the Platform.
• "User Content" means any content, data, information, or materials submitted, uploaded, posted, or transmitted by Users through the Service.
• "Intellectual Property Rights" means all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights, and all other intellectual property rights, whether registered or unregistered.
• "Educational Institution" means any university, medical school, hospital, healthcare organisation, or other educational establishment using the Service.
• "Educator" means any user with educator-level access, including but not limited to teachers, professors, clinical instructors, and administrators.
• "Learner" or "Student" means any user accessing the Platform for educational or learning purposes.

3. Eligibility and Account Registration

To use the Service, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into this Agreement.

When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that contain false information, violate these Terms, or at our sole discretion.

3.2 Authorised User Categories - Healthcare Professionals Only

4. Intellectual Property Rights and Ownership

4.1 Medinova's Intellectual Property

ALL CONTENT, MATERIALS, FEATURES, AND FUNCTIONALITY OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE PLATFORM DESIGN, SOFTWARE, CODE, ALGORITHMS, ARTIFICIAL INTELLIGENCE MODELS, MACHINE LEARNING SYSTEMS, TEXT, GRAPHICS, IMAGES, AUDIO, VIDEO, EDUCATIONAL MATERIALS, CASE STUDIES, SIMULATIONS, DATABASES, AND ALL OTHER INTELLECTUAL PROPERTY ARE AND SHALL REMAIN THE EXCLUSIVE PROPERTY OF MEDINOVA LTD.

The Medinova name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Medinova Ltd. You may not use such marks without our prior written permission.

4.2 Assignment of User Content

You retain ownership of your User Content. By submitting User Content, you grant Medinova a worldwide, perpetual, irrevocable, royalty-free, transferable license (with right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for any purpose related to the Service, including improving our AI systems, creating educational materials, and commercial purposes. This assignment includes, without limitation:

• All case studies, educational materials, simulations, questions, assessments, and content created using the Platform;
• All data, feedback, suggestions, ideas, and improvements submitted to or through the Platform;
• All derivative works, modifications, and enhancements made using Platform tools;
• All research data, findings, methodologies, and outputs generated through or in connection with the Service;
• All performance data, analytics, usage patterns, and aggregated information.

You waive any moral rights you may have in such User Content to the fullest extent permitted by law. You represent and warrant that you have the right to make this assignment and that the User Content does not infringe any third-party rights.

4.3 No Institutional Ownership Claims

NO EDUCATIONAL INSTITUTION, EMPLOYER, OR OTHER ORGANISATION SHALL HAVE OR ACQUIRE ANY OWNERSHIP RIGHTS, INTELLECTUAL PROPERTY RIGHTS, OR OTHER PROPRIETARY INTERESTS IN:

• The Medinova Platform, software, algorithms, or any component thereof;
• Any content created, modified, or generated using the Platform, regardless of who created it;
• Any research conducted using or in connection with the Platform;
• Any data, analytics, insights, or derivative works generated through the Service;
• Any improvements, enhancements, or modifications to the Platform or its content.

Educational Institutions and employers acknowledge and agree that their employees', staff members', or students' use of the Platform does not create any ownership or licensing rights in favour of the institution.

4.4 Research and Academic Work

ANY RESEARCH, STUDIES, PUBLICATIONS, OR ACADEMIC WORK CONDUCTED USING THE PLATFORM OR INCORPORATING DATA FROM THE PLATFORM SHALL NOT CONFER ANY OWNERSHIP RIGHTS UPON THE RESEARCHER, INSTITUTION, OR ANY THIRD PARTY. Medinova retains all rights to:

• Use, reproduce, and publish any research findings derived from Platform data;
• Aggregate and analyse research data for any purpose;
• Grant or deny permission for publication of research involving Platform data;
• Require attribution and acknowledgment in any publications.

5. Limited License Grant

Subject to your compliance with these Terms, Medinova grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial educational purposes (or for authorised institutional purposes if you are an Educator with a valid subscription).

This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
• Remove, alter, or obscure any proprietary notices;
• Use the Service for any commercial purpose without explicit written authorisation;
• Access the Service through automated means, bots, or scrapers;
• Share account credentials or allow unauthorised access.

6. Educational Content Disclaimer and Limitation of Liability

6.1 No Guarantee of Accuracy or Quality

THE EDUCATIONAL CONTENT, CASE STUDIES, SIMULATIONS, AND ALL OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

MEDINOVA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING:

• The accuracy, completeness, reliability, or currency of any educational content;
• The quality, effectiveness, or suitability of the content for any particular educational purpose;
• The achievement of any specific learning outcomes, examination results, or professional qualifications;
• The clinical accuracy or applicability of medical information to real-world scenarios;
• The fitness of the content for professional medical practice or patient care.

6.2 Use at Your Own Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND RELIANCE ON ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. The Service is intended as a supplementary educational tool and should not be relied upon as the sole source of medical education or as a substitute for:

• Formal medical education and training programmes;
• Professional medical advice, diagnosis, or treatment;
• Clinical supervision and mentorship;
• Official examination preparation materials;
• Institutional curricula and learning objectives.

6.3 No Liability for Educational Outcomes

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDINOVA SHALL NOT BE LIABLE FOR ANY:

• Incorrect information learned or misconceptions developed through use of the Platform;
• Failed examinations, assessments, or professional evaluations;
• Inability to obtain professional qualifications, licenses, or certifications;
• Clinical errors, patient harm, or adverse outcomes resulting from information obtained through the Platform;
• Career setbacks, employment issues, or reputational harm;
• Any direct, indirect, incidental, special, consequential, or punitive damages arising from educational content.

6.4 AI-Generated Content Disclaimer

The Platform utilises artificial intelligence and machine learning technologies. AI-generated content may contain errors, inaccuracies, or hallucinations. Users must independently verify all information before relying upon it for any purpose. Medinova expressly disclaims all liability for AI-generated content.

7. Indemnification

You agree to indemnify, defend, and hold harmless Medinova, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any User Content you submit; (e) any claim that your use of the Service caused harm to a third party; (f) any claim arising from your professional practice or patient care.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• MEDINOVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• MEDINOVA'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MEDINOVA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED POUNDS STERLING (£100);
• MEDINOVA SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING ITS OBLIGATIONS DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

9. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights;
• Use the Service if you are not a healthcare professional, healthcare student, or healthcare educator;
• Seek or provide personal medical advice about specific patients or health conditions;
• Use the Service to diagnose or treat yourself, family members, or others;
• Share content from the platform with patients or members of the public in a way that could be mistaken for personalised medical advice;
• Misrepresent your professional qualifications, registration status, or eligibility to use the Service;
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable;
• Impersonate any person or entity or misrepresent your affiliation;
• Interfere with or disrupt the Service or servers;
• Attempt to gain unauthorised access to any portion of the Service;
• Use the Service for any commercial purpose without authorisation;
• Collect or harvest any personally identifiable information;
• Use the Service in any manner that could damage, disable, or impair the Service;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service;
• Use automated systems, including bots, scrapers, or data mining tools;
• Circumvent or disable any security or access control features;
• Use the content for patient care without independent verification.

10. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and processing of your information as described in the Privacy Policy.

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the EU General Data Protection Regulation (EU GDPR) where applicable.

11. Subscription and Payment Terms

Certain features of the Service may require a paid subscription. By subscribing, you agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable except as expressly stated otherwise or as required by applicable law.

Subscriptions automatically renew unless cancelled before the renewal date. We reserve the right to change subscription fees upon reasonable notice.

For institutional subscriptions, the subscribing institution is responsible for all fees, regardless of individual user activity.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination: (a) your license to use the Service will immediately cease; (b) you must cease all use of the Service; (c) we may delete your account and associated data; (d) provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us. Termination does not entitle you to any refund of fees paid.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer resident in the European Union, you may also bring proceedings in your country of residence. Nothing in these Terms affects your statutory rights as a consumer.

14. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good faith negotiations within thirty (30) days.

If the dispute cannot be resolved informally, either party may proceed with formal legal proceedings in accordance with Section 13.

15. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable whilst preserving its original intent.

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Medinova regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

18. Third-Party Rights

These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

19. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

20. Contact Information

If you have any questions about these Terms, please contact us: