Terms of Service

Last updated: May 22, 2018

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 (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 authority to bind such entity and its affiliates to the API Agreement and that it is fully binding upon them. In such 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 authority, or if you do not agree with the terms of the API Agreement, you shall 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 the event of a conflict among them, the terms of this document will control.

1. Purpose

The API is made available by Infermedica Sp. z o. o. ("Infermedica") to enable others to access Infermedica’s medical reasoning technology as part of internet-related applications that complement and enhance Infermedica's own services.

2. Changes

Infermedica reserves the right to modify the API Agreement at any time. If Infermedica reasonably determines that a modification may adversely impact You, Infermedica will provide ten (10) days prior email notice to You using the email address You provided to us during registration. IF YOU DO NOT WISH TO BE BOUND TO ANY 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

In order to access or use an API, you must first register for and receive an API KEY. You must provide complete and accurate information as part of the registration process. You are only allowed to register for and use one API Key, unless otherwise permitted by Infermedica in writing, including via e-mail. All queries sent to the API requesting Infermedica Content must reference your valid API Key. You agree to keep your API Key confidential and not to share it with any third party.

4. License

Infermedica grants you a non-exclusive, revocable, non-transferable license to (i) access and use the API to receive the Infermedica Content; and (ii) display the Infermedica Content on Your Site or Your Applications.

You are not authorized to and not allowed to grant a license or sub-license to (i) access and use the API to receive the Infermedica Content; and (ii) display the Infermedica Content on Your Site and Your Applications.

You may not use the API, Infermedica Content for any other 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".

5. Restrictions

You agree that you will not, and will not assist or enable others to:

a. Cache, record, pre-fetch, or otherwise store any portion of the Infermedica Content, or attempt or provide a means to execute any "bulk download" operations;

b. Create or disclose metrics about, or perform any statistical analysis of, the API or Infermedica Content;

c. Display 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;

d. Copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API;

e. Modify, rate, rank, review, vote or comment on, or otherwise respond to the Infermedica Content;

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

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

h. Use the API, 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 (in Infermedica's sole discretion) to Infermedica, its providers, its suppliers, end users of this website, or your end users;

i. Use the API, 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 Infermedica Content or that such Infermedica Content represents the views of Infermedica;

j. Use the API, 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 in: spyware, adware and/or other malicious programs or code; counterfeit goods and/or items subject to U.S. embargo; unsolicited mass distributions 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.

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 copyrights or other intellectual property rights in the API or the Infermedica Content.

7. Termination

Infermedica reserves the right, in 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 all web pages, scripts, widgets, applications, and other software in your possession or under your control, including without limitation, from Your Site; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API and/or any Infermedica Content.

8. Indemnity

You agree that your use of the API is at your own risk and you agree to hold harmless, defend (subject to Infermedica's right to participate with counsel it selects) 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' fee) 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 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 API AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. 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.

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, you agree not to make any statements, without the prior written consent of Infermedica, implying 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. Choice of Law and Arbitration

Any claim, controversy or dispute arising out of or relating to the API Agreement will be governed by Polish law.

13. Miscellaneous

With the exception of 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. The API Agreement, and any disputes arising from or relating to the interpretation thereof, will be governed by and construed under the laws of Poland without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of Poland. 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. Infermedica may assign the API Agreement, in whole or in part, at any time with or without notice to you. Any attempt to do so is void. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.

14. Contact and Violations

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