Terms of Service

Last updated: May 31, 2024

This document governs the terms under which You are permitted to access and use the application programming interface that is made available on this website https://developer.infermedica.com (opens in a new tab) (the "API"), and the data transmitted to You through the API (the "Infermedica Content"). This document incorporates the terms of the following documents, including all future amendments or modifications thereto (collectively, and together with this document, the "API Agreement"):

Infermedica API Agreement

By accessing or using any API offered by Infermedica or the Infermedica Content, You agree to be bound by the API Agreement. If You access or use the API or Infermedica Content on behalf of a company, principal or other entity, You represent that You have the authority to bind such an entity and its affiliates to the API Agreement and that it is fully binding upon them. In such a case, the term "You" will refer to You, as an individual or to each such entity and its affiliates on whose behalf You are accessing or using the API or Infermedica Content. If You do not have the authority, or if You do not agree to the terms of the API Agreement, You may not access or use the API or Infermedica Content. You should read and keep a copy of each component of the API Agreement for Your records, in particular the documents available here: https://developer.infermedica.com/documentation (opens in a new tab) (accordingly for the variant of the API you currently use). In the event of any discrepancies between the documents, the terms of this document will prevail.

PLEASE BEAR IN MIND THAT THIS AGREEMENT DOES NOT COVER A COMMERCIAL LICENSE AND REFERS ONLY TO THE TRIAL USE OF API AND INFERMEDICA CONTENT. THE AGREEMENT IS LIMITED TO A MAXIMUM OF 2,000 API CALLS OR 60 DAYS (WHICHEVER OCCURS FIRST). IF YOU ARE INTERESTED IN SUBSEQUENT COMMERCIAL USE OF THE API AND INFERMEDICA CONTENT AS A PART OF YOUR SOLUTION, PLEASE CONTACT OUR SALES TEAM.

Our API enables You to access Infermedica’s reasoning technology, which is dedicated to supporting your patient triage efforts and/or helping You get a preliminary medical assessment. Access to Infermedica’s reasoning technology makes it possible, in part, for You to implement an intelligent symptom checker (Triage section) or an adaptive patient intake form (Intake section) for Your health application. Due to different API configurations, including potential customization or medical device status, Infermedica provides Infermedica API in two variants: in the form of Engine API or Platform API. Once you have selected a variant in the registration process in accordance with these Terms of Service, you will be contacted by our Sales Development Representative to determine your organization's goals and needs, as well as final approval of your choice. This is particularly because, if medical device status is obtained, the use of the API Platform may be subject to additional regulatory requirements. In addition, possible status as a medical device may determine the ability to use the Platform API in a particular territory, such as restricting use in those jurisdictions where medical device registration is required when the Platform API is not yet registered there.

The term “Infermedica Content” refers to the medical content available through the Infermedica API. Infermedica Content is processed by Infermedica reasoning technology, which adjusts the API responses to address the requests in an accurate way. This process is overseen and nurtured by Infermedica’s team of doctors. These doctors rely on respected literature, medical textbooks, and publications. This process is also supported through analyses of huge data sets that allow for the extraction of statistical relations and numerical approximations of diseases. A detailed description of the process can be found at https://developer.infermedica.com/documentation/overview/medical-content (opens in a new tab) and at https://developer.infermedica.com/documentation/api-triage/medical-concepts (opens in a new tab).

1. Purpose

The API is made available by Infermedica Sp. z o. o. ("Infermedica") to enable others to access Infermedica’s medical technologies through the use of internet-related applications that complement and enhance Infermedica's own services. Infermedica expressly informs You of the informative purpose of the API and Infermedica Content, which does not provide any sort of clinical diagnosis and is not intended to replace any medical advice. Infermedica requires You to keep every user of Your tool informed about the intended purpose of the products and services it provides. If any user is concerned about their health, they should contact medical professionals regardless of the outcome presented.

2. Changes

Infermedica reserves the right to modify the API Agreement at any time.

IF YOU DO NOT WISH TO BE BOUND BY THE NEW OR MODIFIED TERMS, YOU MUST TERMINATE THE API AGREEMENT BY CEASING USE OF THE API WITHIN TEN (10) DAYS OF RECEIPT OF SUCH NOTICE.

3. Registration

Registration is possible only after getting in touch with Infermedica’s team for verification. You must provide complete and accurate information as part of the registration process as well as choose the Infermedica API variant. You are only allowed to register for and use one account, unless otherwise permitted by Infermedica in writing, including via e-mail. Every query sent to the API requesting Infermedica Content must reference Your valid API Key(s), given at registration. You agree to keep Your API Key(s) confidential and not to share any keys provided with third parties.

4. License

Infermedica grants You a non-exclusive, limited-time as related to the existence of this Agreement and its trial character, and revocable, without the right to grant a sublicense, non-transferable license to (i) access and use the API to receive Infermedica Content, and (ii) display the Infermedica Content on Your Site or Your Applications. The use of the API endpoints, however, is limited to 2,000 API calls or 60 days of usage, whichever occurs first.

You may not use the API and/or Infermedica Content for any other purpose, in particular commercial purpose, without Infermedica's prior written consent. These license rights are further limited by the restrictions set forth elsewhere in the API Agreement, and all rights not expressly granted to You hereunder are reserved by Infermedica.

An application or website using the API or displaying Infermedica Content must display a link to the Infermedica homepage with the text "Powered by Infermedica". Additionally, You agree to refer to Infermedica in any public and press releases regarding Your product which is integrated with the API and to consult Infermedica on the proposed material prior to its publication. After the publication, Infermedica may also request the change or removal of the reference from Your publication, which you agree to do without undue delay.

If agreed by the parties, the API can be used to generate and send SNOMED CT codes. However, if You wish to use the SNOMED CT, You are required to obtain a separate SNOMED CT license from a third-party licensor i.e. the International Health Terminology Standards Development Organization, with its registered office in London, UK.

By agreeing to this API Agreement, you commit yourself to protecting Infermedica API and Infermedica Content against unauthorized use, in particular data scraping, by applying security means corresponding to the industry standards.

5. Restrictions

To the full extent permitted by applicable law, You agree that You will not use the API or Infermedica Content in any other manner than permitted in this Agreement nor will you assist or enable others to do so. This includes but is not limited to:

  1. Caching, recording, pre-fetching, or otherwise storing any portion of the Infermedica Content, or attempting or providing the means to execute any "bulk download" operations;

  2. Creating, analyzing, data scraping, performing data mining or disclosing metrics about, or performing any other statistical analysis of the API or Infermedica Content;

  3. Displaying Infermedica Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between You or a third party and Infermedica, other than Your permitted use of the API under the terms of the API Agreement;

  4. Copying, renting, leasing, selling, transfering, assigning, sublicensing, dissembling, reverse engineering or decompiling , modifying or altering any part of the API or Infermedica Content;

  5. Modifying, rating, ranking, reviewing, voting or commenting on, or otherwise responding to the Infermedica Content;

  6. Using the API in a manner that impacts the stability of Infermedica's servers or impacts the behavior of other applications using the API;

  7. Displaying the Infermedica Content on any site that disparages Infermedica or its products or services, or infringes any Infermedica intellectual property or other rights;

  8. Using the API and/or the Infermedica Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (at Infermedica's sole discretion) to Infermedica, its providers, its suppliers, end users of this website, or Your end users;

  9. Using the API and/or Infermedica Content in a manner that could reasonably be interpreted to suggest that Infermedica is the author or entity that is responsible, in whole or in part, for the creation or development of any source of Infermedica Content unless Infermedica owns the authorship of the scientific material or that such Infermedica Content represents the views of Infermedica;

  10. Using the API and/or the Infermedica Content for unlawful purposes, or in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing among others in: spyware, adware and/or other malicious programs or code; counterfeit goods and/or items subject to U.S. embargo; unsolicited mass distribution of e-mail ("spam"), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam"), multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes; and/or non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories.

  11. Performing any other activities that are not explicitly included in the license granted in sec.4 above.

6. Proprietary Rights

As between You and Infermedica, the API, Infermedica Content, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of Infermedica and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that at no time during or after the termination of the API Agreement will You attempt to register or claim that You own any trademarks or domain names that are derived from or confusingly similar to those of Infermedica, or attempt to register or claim that You own any copyright or other intellectual property rights in the API or the Infermedica Content.

7. Termination

Infermedica reserves the right, at its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend, or discontinue the API and/or suspend or terminate Your rights under the API Agreement to access, use, and/or display (as applicable) the API and/or any Infermedica Content. Any termination of the API Agreement will also immediately terminate the licenses granted to You hereunder. Such change, suspension, or termination of the API may cause Your existing services using the API to stop functioning properly and You will no longer have access to the Infermedica Content. Upon any termination of the API Agreement, You will promptly delete and remove all calls to the API from any and all web pages, scripts, widgets, applications, and other software in Your possession or under Your control, including without limitation, from Your Site, and promptly destroy and remove from all computers, hard drives, networks, and other storage media, all copies of the API and/or any Infermedica Content.

This API Agreement terminates automatically when You reach the limit of 60 days post registration or the limit on the free API calls granted to You. If You wish to continue to use the API, please contact Infermedica via the Get in Touch form on our website or via support@infermedica.com.

8. Indemnity

You agree that You use the API at Your own risk and You agree to hold harmless, defend (subject to Infermedica's right to participate with counsel of its choice), and indemnify Infermedica and its subsidiaries, affiliates, officers, agents, employees, and suppliers from and against any and all claims, damages, liabilities, costs, and fees (including reasonable attorneys' fees) arising from, or in any way related to You or Your end users' use or implementation of the API or any Infermedica Content obtained from the API. You will not agree to any settlement that imposes any obligation on Infermedica without Infermedica's prior consent.

You agree that Infermedica Content is provided solely for informational and educational purposes based on the information that may be available in our databases and is not a qualified medical opinion.

9. No Warranties; No Support

THE API AND INFERMEDICA CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MINIMUM EXTENT IF REQUIRED BY APPLICABLE LAW, INFERMEDICA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API AND ANY INFERMEDICA CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, INFERMEDICA DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API OR ANY API KEY OR THE INFERMEDICA CONTENT WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY TECHNICAL OR OTHER SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM INFERMEDICA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.

10. Limitation of Liability

YOU AGREE THAT INFERMEDICA SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR ACCESS TO AND USE OF THE API (OR INFERMEDICA'S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CAUSES OF ACTION BASED ON TORT, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT SHALL INFERMEDICA OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER MEASURES OF INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS OR ANY DAMAGES ARISING OUT OF OR BASED UPON YOUR USE OR INABILITY TO USE THE API, EVEN IF INFERMEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM SHALL BE DEEMED TO BE VOLUNTARILY WAIVED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO INFERMEDICA AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, INFERMEDICA'S MAXIMUM LIABILITY UNDER THE API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00 (FIFTY).

11. Limited Relationship

Infermedica and You are, and will remain, independent contractors, and nothing in the API Agreement will be construed as creating an employer-employee relationship, partnership, or joint venture. Although You are permitted to make public statements concerning Your use of the API. However, You agree not to make any statements, without the prior written consent of Infermedica, that imply a different kind of relationship between You and Infermedica, including any express or implied endorsement of Your content, products, or services by Infermedica. You do not have any authority of any kind to bind Infermedica in any respect whatsoever.

12. Personal Data

Using the API does not require Your end-users to register or log in. However, You may become the personal data controller for the personal data of the end-users of your software should it be integrated with Infermedica API. In such a case, it is possible that the data processed by Infermedica API will be considered as personal in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as the “GDPR”. Infermedica will not identify or attempt to identify any individual, however, in order to meet the requirements of GDPR for the processing of such data, respective Data Processing Agreement (opens in a new tab) shall apply. Additionally, if you are an US entity covered by the Health Insurance Portability and Accountability Act of 1996, “HIPAA”, and if any personal health information is processed via the API, please contact Infermedica in order to process and sign the respective Business Associate Agreement.

13. Publicity

You acknowledge that Infermedica may desire to use Your name and logo on Infermedica’s websites, marketing materials, press releases, product brochures, and financial reports shared with its investors as well as potential investors indicating that You are a customer of Infermedica, and You agree that Infermedica may reasonably use Your name and logo in such a manner. Should Infermedica need a separate confirmation or consent to use Your name and logo, you agree to provide Infermedica with such a consent, issued in accordance with applicable law and your internal policies.

14. Choice of Law and Jurisdiction

Any claim, controversy, or dispute arising out of or relating to the API Agreement will be governed by Polish law, without regard to its conflict of law provisions. Any disputes arising out of this Agreement shall be resolved by the Parties amicably. If the Parties fail to reach an understanding within thirty (30) days of submission of the claim or issue to the other Party, the dispute shall be resolved by a competent court with jurisdiction for the registered office of Infermedica.

15. Miscellaneous

Except as stated in any separate agreements or addendums to the API Agreement between Infermedica and You, the API Agreement encompasses the entire agreement between You and Infermedica regarding the subject matter discussed therein. You also agree that, in the event of a breach of the API Agreement or Your unauthorized use of the API, Infermedica shall be entitled to obtain injunctive relief against You without the necessity of posting a bond. The failure of Infermedica to exercise or enforce any right or provision of the API Agreement will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of the API Agreement is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining API Agreement will otherwise remain in full force and effect and enforceable. The API Agreement is not assignable, transferable, or able to be licensed or sub-licensed, in whole or in part, by You except with Infermedica's prior written consent. Any attempt to do so is void. Infermedica may assign the API Agreement, in whole or in part, at any time, with or without notice to You. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.

16. Contact and Violations

Please contact Infermedica at support@infermedica.com with any questions regarding the API Agreement or to report any violations of the API Agreement.