Ethical Terms of Service

These Terms govern your access to and use of the Patient X platform, website, APIs, mobile applications, and all related services (collectively the "Service") provided by Patient X Project ("Patient X," "we," "us," "our"), registered in the State of Delaware, USA.

These Terms incorporate by reference our Privacy Policy, Medical Disclosure & Hold Harmless Agreement, and Sensitive Information Policy, all of which form part of the agreement between you and Patient X. In the event of any conflict, these Terms prevail over the other documents unless expressly stated otherwise.

To use the Service you must: (a) be at least 18 years of age; or (b) be between 13 and 17 years of age with documented parental or legal guardian consent; (c) have the legal capacity to enter into a binding agreement; (d) not be prohibited from using the Service under applicable law; and (e) not be located in a country subject to a U.S. government embargo.

By using the Service, you represent and warrant that you meet all eligibility requirements. Patient X reserves the right to terminate any account where eligibility requirements are not met.

You must register an account to use the core features of the Service. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and update your information to keep it accurate and current; (c) keep your password confidential and not share it with any third party; (d) immediately notify us at security@px.drseanhall.com of any unauthorised access to your account.

You are responsible for all activity that occurs under your account. Patient X is not liable for any loss arising from unauthorised use of your account caused by your failure to keep your credentials secure.

Patient X provides a platform for: (a) personal health metric tracking (self-reported scores for pain, wellbeing, mobility, and mental clarity); (b) secure data storage and trend visualisation; (c) generation of health summary reports; and (d) user-controlled sharing of reports with designated healthcare providers and trusted contacts.

The Service is offered on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We may also introduce new features, impose limits, or restrict access to certain features without prior notice.

You may use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Recording your own personal health metric data
• Recording health metric data for a dependent for whom you are a legal guardian
• Generating and downloading reports of your own health data
• Sharing reports with healthcare providers or trusted contacts you designate
• Accessing and exporting your own data for personal health management

You must not use the Service to:

• Record health data for a person without their knowledge and explicit consent
• Use another person's account credentials without authorisation
• Upload or transmit malware, viruses, or any malicious code
• Reverse engineer, decompile, or disassemble any part of the Service
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Scrape, crawl, or use automated means to access the Service
• Violate any applicable local, state, national, or international law or regulation
• Misrepresent your identity, role, or credentials when using the sharing feature
• Use the Service for commercial purposes without prior written consent from Patient X
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service in a manner that could expose Patient X to legal liability

Violation of these prohibitions may result in immediate account suspension or termination and may expose you to civil and criminal liability.

Your use of Patient X in connection with health data is subject to our Medical Disclosure & Hold Harmless Agreement, incorporated herein by reference. The Service is not a medical device, does not provide medical advice, and does not create a physician–patient relationship. See the Medical Disclosure for full terms.

You retain ownership of all health data and notes you enter into Patient X. By using the Service, you grant Patient X a limited, non-exclusive, royalty-free licence to store, process, display, and transmit your data solely for the purpose of providing the Service to you.

Patient X may use aggregated, de-identified, non-personally-identifiable data derived from the Service for purposes of service improvement, research, and analytics. Such use will not identify you individually.

You represent and warrant that all data you enter into the Service is truthful to the best of your knowledge and does not infringe the rights of any third party.

The sharing feature allows you to generate reports and provide access to designated recipients. You are solely responsible for: (a) your decision to share health data with any recipient; (b) verifying the identity and credentials of any recipient you invite; (c) the consequences of sharing, including any decisions made by recipients based on shared data; and (d) revoking access promptly when no longer appropriate.

Patient X is not responsible for any action taken by a report recipient after you have shared data with them, and is not liable for any harm arising from your sharing decisions.

The Patient X name, logo, platform design, software, algorithms, and all content created by Patient X (excluding user-submitted health data) are the intellectual property of Patient X Project and are protected by U.S. copyright, trademark, and other applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from Patient X's proprietary content without express written permission.

By you: You may terminate your account at any time by deleting it through the account settings or by contacting us at support@px.drseanhall.com. Termination does not retroactively affect any obligations arising before termination.

By Patient X: We reserve the right to suspend or permanently terminate any account, with or without notice, for: (a) violation of these Terms; (b) conduct that creates legal or reputational risk; (c) extended inactivity (defined as 24+ consecutive months without login); or (d) requirements of applicable law or legal process. We will provide notice of termination where reasonably practicable.

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination (including medical disclosure, hold harmless, limitation of liability, indemnification, arbitration, and governing law) shall survive.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PATIENT X EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

PATIENT X DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DATA WILL BE ACCURATE OR COMPLETE; (C) ANY DEFECTS WILL BE CORRECTED; OR (D) THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE STATE OF DELAWARE, IN NO EVENT SHALL PATIENT X, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF DATA, LOSS OF PROFITS, LOSS OF OPPORTUNITY TO SEEK MEDICAL CARE, PERSONAL INJURY, OR WRONGFUL DEATH — ARISING FROM YOUR USE OF THE SERVICE, EVEN IF PATIENT X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PATIENT X'S TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO PATIENT X IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

You agree to defend, indemnify, and hold harmless Patient X Project and its officers, directors, members, employees, contractors, agents, licensors, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) any content or data you submit or share through the Service; or (e) your violation of applicable law.

Except for claims that qualify for small claims court and injunctive relief to protect intellectual property, any dispute, claim, or controversy arising from or relating to these Terms or your use of the Service shall be resolved by binding arbitration administered under the Delaware Uniform Arbitration Act (Del. Code tit. 10, §§ 5701–5725) and conducted by a single arbitrator in Wilmington, Delaware, USA.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. The parties shall share arbitration costs equally unless the arbitrator determines otherwise. Each party shall bear its own attorneys' fees unless the claim is found to be frivolous.

Opt-Out: You may opt out of mandatory arbitration by sending written notice to legal@px.drseanhall.com within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

TO THE EXTENT PERMITTED BY LAW, YOU AND PATIENT X AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.

These Terms, and any dispute arising from them, shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts sitting in Wilmington, Delaware, and you irrevocably submit to the personal jurisdiction of those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

We may modify these Terms at any time. We will provide notice of material changes by email and by posting the updated Terms with a revised effective date. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

No Waiver: Failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.

Entire Agreement: These Terms, together with the Privacy Policy, Medical Disclosure, and Sensitive Information Policy, constitute the entire agreement between you and Patient X and supersede all prior agreements.

Assignment: You may not assign your rights under these Terms without our prior written consent. Patient X may assign its rights without restriction.

For questions about these Terms:

Patient X Project
Registered in the State of Delaware, USA
Legal: legal@px.drseanhall.com
Support: support@px.drseanhall.com