Terms of Service

1. Acceptance of Terms

By accessing and using Perfusion Mind, LLC’s website (the “Site”) and mobile application (the “App”), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this Site’s and/or App’s particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Both Perfusion Mind, LLC’s Site and App provide users with access to a wide range of perfusion-related resources, including but not limited to, an AI Perfusion Assistant giving conversational support about general perfusion knowledge, personalized content, perfusion calculators, and perfusion care plans through its app and website (the "Service"). However, the Service is not a substitute for professional medical advice, diagnosis, or treatment and it must never be used in the diagnosis or treatment of a patient.

You understand and agree that the Service may include (at some point in the future) advertisements and that these advertisements are necessary for Perfusion Mind, LLC to provide the Service. You also understand and agree that the Service may include certain communications from Perfusion Mind, LLC, such as service announcements or administrative messages in the form of (but not limited to) emails, text messages, multimedia messages or phone calls. You understand and agree that these communications are considered part of Perfusion Mind, LLC’s Site and/or App membership (and/or subscription) and (with the exception of SMS/MMS) you will not be able to opt-out of receiving them. Members and subscribers of Perfusion Mind, LLC’s Site and App will be provided with the option to “opt out” of receiving SMS/MMS text messages by replying “OPT OUT” to any message received from the Perfusion Mind phone number.

3. Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:

Provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the "Registration Data").
Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
You will not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or Perfusion Mind, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Perfusion Mind, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Privacy Policy

Registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy found below. Perfusion Mind Privacy Policy

5. Member Account, Password, and Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Perfusion Mind, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Perfusion Mind, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. SMS Terms & Conditions

Product Description
By providing your mobile phone number, you consent to receive SMS messages from Perfusion Mind, LLC related to account notifications, important product information, necessary information regarding app updates and downtime, and responses to inquiries submitted by you, the user.

Message Frequency

Message frequency may vary.
You may receive >5 SMS messages per week if the communication is initiated by you, the user.
You may receive 1 SMS message per week if no communication is initiated by you, the user.

Message and Data Rates
Standard message and data rates may apply.

Opting Out
You may opt out of receiving SMS messages at any time by replying with "STOP" to any SMS message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending SMS messages to your number.

Help and Support
If you need assistance or have questions about our SMS service, reply with "HELP" to any SMS message you receive, or contact our customer support team at [support contact information].

Privacy Policy
Your phone number will be handled in accordance with our Privacy Policy, available at https://perfusionmind.com/privacy.html. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

7. User Conduct

By using the Service, you agree to the following guidelines that govern your behavior while interacting with the AI assistant. These guidelines are intended to ensure a safe, respectful, and legally compliant environment for all users.

7.1. Appropriate Use of the Service

Purpose of Use: The Service is designed to provide general information and support related to perfusion topics through interactions with an AI Perfusion Assistant. It is intended for general information purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You must never use the Service for treating patients or for giving advice on how to treat patients.
Consultation with Professionals: Always seek the advice of a qualified healthcare provider with any questions you may have regarding a patient’s medical conditions and/or a patient’s clinical care or treatment. Never disregard or delay seeking clinical care advice from a medical professional based on information obtained from the AI assistant.

7.2. Prohibited Activities

To ensure the proper use of the Service, you agree not to engage in the following activities:

Dissemination of Misinformation: You must not use the Service to generate, share, or promote false, misleading, or harmful medical information. This includes promoting unverified treatments, cures, or medical procedures.
Abusive Behavior: You must not use the Service to engage in abusive, threatening, or offensive behavior towards the AI Perfusion Assistant or attempt to provoke harmful or malicious responses. This includes using inappropriate language or making requests that violate ethical guidelines.
Illegal Use: You must not use the Service to engage in or promote illegal activities, including but not limited to, activities that violate applicable laws, regulations, or third-party rights.
Impersonation and Misrepresentation: You must not impersonate any person or entity, including healthcare professionals, or misrepresent your identity or medical credentials when interacting with the AI Perfusion Assistant.
Spamming: You must not repeatedly submit the same questions or use the Service in a way that could be considered spamming, such as by excessively testing the AI Perfusion Assistant’s responses or overwhelming the system with rapid, repeated inquiries.
Non Perfusion-Related Queries: You must not submit questions/queries that do not pertain to the field of clinical perfusion, cardiac surgery, cardiac anesthesiology or ECMO.
Use of Perfusion Assistant-Provided Information: Artificial Intelligence (AI) and Large Language Models (LLMs) like the ones being used by the Perfusion Mind mobile application are prone to making mistakes and, thus, you must NEVER use the information obtained from Perfusion Mind's AI Perfusion Assistant to diagnose a patient, treat a patient, in any way alter your clinical practice or in any way affirm that your clinical practice falls in line with your hospital or institutions policies and procedures.

7.3. Privacy and Data Security

Personal Information: You are responsible for protecting your own privacy while using the Service. Avoid sharing sensitive personal information, such as your full name, address, or phone number during interactions with the AI Perfusion Assistant.
Legal Compliance: You must comply with all applicable laws and regulations related to the protection of patient information, including but not limited to HIPAA (for users in the United States) and other relevant privacy laws. You must not share, distribute, or disclose third-party patient information without explicit consent from the patient or their legal representative. Unauthorized sharing of patient information is a serious violation of these guidelines.

7.4. Respecting the AI Perfusion Assistant

Appropriate Interaction: You must interact with the AI Perfusion Assistant respectfully and professionally, as you would with a human healthcare provider. The AI is programmed to assist and provide information based on your input; it is not equipped to handle abusive or inappropriate behavior.
Feedback and Reporting: If you encounter any responses from the AI Perfusion Assistant that seem inappropriate, incorrect, or unhelpful, you are encouraged to report these instances to Perfusion Mind, LLC for review and improvement of the service.

7.5. Adherence to Guidelines

Additional Guidelines: You agree to comply with any additional guidelines or policies that may be provided by Perfusion Mind, LLC in relation to the Service’s use and functionality.
Updates: Perfusion Mind, LLC may update these User Conduct guidelines from time to time to reflect changes in the Service or to address emerging issues. Continued use of the Service after such updates constitutes your acceptance of the new guidelines.

8. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Perfusion Mind, LLC has no control over such sites and resources, you acknowledge and agree that Perfusion Mind is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Perfusion Mind, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such site or resource.

9. Indemnity

You agree to indemnify and hold Perfusion Mind, LLC, its affiliates, officers or other partners, and employees, harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Service, including but not limited to:

Your use or misuse of any information, advice, or content provided by the Service, including but not limited to content generated by the AI-powered Perfusion Assistant integrated within the Perfusion Mind App.
Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, and any other rights under applicable law.
Your breach of any of these terms and conditions or any other applicable agreements or policies related to your use of the Service.
Any claim that the Service or any of its features, including but not limited to content generated by the AI-powered Perfusion Assistant, caused damage to a third party.

This indemnification obligation will survive the termination or expiration of your use of the Service and these terms and conditions.

10. Paid Accounts

Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel the paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

11. Modifications to Service

Perfusion Mind, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Perfusion Mind, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

12. Termination

You agree that Perfusion Mind, LLC, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service, for any reason, including, without limitation, if Perfusion Mind, LLC believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Perfusion Mind, LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Perfusion Mind may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Further, you agree that Perfusion Mind shall not be liable to you or any third-party for any termination of your access to the Service.

13. Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Perfusion Mind, LLC or advertisers, you agree not to modify, sell, distribute, or create derivative works based on the Service or the software, in whole or in part.

14. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

15. Limitation of Liability

You expressly understand and agree that Perfusion Mind, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Perfusion Mind, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute services resulting from any data, information, or services purchased or obtained from the service; (iii) unauthorized access to or alteration of your data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

16. Liability Disclaimer

The clinical information provided on this site is intended for general informational and educational purposes only. It is not intended as, nor should it be considered a substitute for, professional medical advice, diagnosis, or treatment. Always consult an expert healthcare provider for advice about a patient’s specific medical condition, treatment or clinical needs.

We strive to ensure the information presented is accurate and up-to-date; however, we make no warranties or representations regarding its completeness, reliability, or suitability for any purpose. Any reliance you place on such information is against the recommendation of Perfusion Mind, LLC and strictly at your own risk.

In no event shall Perfusion Mind, LLC be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the use of this website or reliance on any information provided herein.

17. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

18. General Information

The Terms of Service constitute the entire agreement between you and Perfusion Mind, LLC and govern your use of the Service, superseding any prior agreements between you and Perfusion Mind, LLC (including, but not limited to, any prior versions of the Terms of Service).