Terms of Use

1. Acceptance of terms

By accessing, downloading, installing, registering for, subscribing to, clicking to accept, or otherwise using the Service, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not access or use the Service.

2. Intended use

Perfusion Mind is an educational and professional reference tool intended for adult perfusionists, ECMO specialists, clinicians, and students in professional training. The Service is intended for general educational, informational, and professional reference purposes only. It is not intended to diagnose, treat, cure, mitigate, or prevent disease; to provide patient-specific clinical instructions; to replace clinical judgment; or to be used as the sole basis for patient-care decisions.

3. Important medical disclaimer

Perfusion Mind does not provide medical advice. Content is provided for education, information, and professional reference only. It is not a substitute for independent clinical judgment, institutional policy, physician direction, manufacturer guidance, emergency decision-making, or applicable standards of care. You are solely responsible for patient-care decisions and for verifying any information before acting on it.

Some features may use artificial intelligence, automated retrieval, generated summaries, or other software-generated outputs. AI-generated or software-generated content may be inaccurate, incomplete, outdated, or inappropriate for a specific clinical situation. You must independently verify all information against institutional policy, physician direction, manufacturer instructions for use, current literature, and applicable standards of care before relying on it.

Perfusion Mind is not designed or intended for emergency use, real-time bypass or ECMO management, diagnosis, treatment, monitoring, alarm functions, or patient-specific clinical decision-making. Perfusion Mind is not represented as FDA-cleared, FDA-approved, or regulated as a medical device unless we expressly state otherwise in writing.

4. Accounts and access

You are responsible for information submitted through your account or device.

You must provide accurate information when creating an account or requesting support.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur through your account or device. You agree to notify us promptly if you suspect unauthorized access, misuse, or any other security issue involving your account.

We may suspend or limit access if misuse, abuse, fraud, security risk, unauthorized access, or policy violations are suspected.

5. Acceptable use

You agree not to misuse the Service. Prohibited uses include attempting to disrupt, overload, scrape, reverse engineer, probe, bypass, or interfere with the Service or its security, subscription, authentication, billing, or payment systems; submitting unlawful, harmful, deceptive, infringing, or unauthorized content; impersonating others; using the Service to violate professional, legal, institutional, contractual, privacy, or confidentiality obligations; submitting patient-identifying information, Protected Health Information, medical records, patient charts, case records, or confidential clinical information; or using the Service in a way that could harm users, patients, Perfusion Mind, or any third party.

6. User content and submissions

You may submit prompts, messages, support requests, feedback, and other content to the Service. You retain any rights you may have in your content.

You grant Perfusion Mind a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, transmit, display, use, and create technical derivatives of your content as reasonably necessary to operate, provide, support, secure, troubleshoot, analyze, and improve the Service.

You represent that you have all rights and permissions necessary to submit your content and that your content does not violate law, infringe third-party rights, or contain patient-identifying information, Protected Health Information, patient records, confidential clinical information, or any content you are not legally authorized to share.

You agree to fully de-identify any clinical scenarios before submitting them to the Service.

7. Subscriptions and billing

Some features may require a paid subscription or paid access plan. Subscription terms, pricing, renewal periods, trial terms, plan features, and cancellation options will be presented at or before purchase.

If you subscribe through the Apple App Store or Google Play, billing, renewal, cancellation, and refunds are handled by the applicable platform and are subject to that platform’s terms and policies. Auto-renewing subscriptions renew automatically unless canceled before renewal through the platform where you purchased. Canceling a subscription generally stops future renewals but does not necessarily result in a refund for the current billing period.

If Perfusion Mind offers a non-renewing or fixed-term plan, that plan provides access only for the stated term and does not automatically renew unless expressly stated at purchase.

If Perfusion Mind offers direct billing or third-party payment processing outside Apple App Store or Google Play, payment processing may be handled by a third-party payment processor such as Stripe or another provider. Direct billing, if offered, may be subject to additional payment terms presented at purchase.

We may change subscription features, pricing, plan names, plan availability, or included features as permitted by applicable law and platform rules. Taxes may apply. Subscription access may depend on successful payment, platform confirmation, entitlement verification, and account status.

8. Intellectual property

Perfusion Mind, including its branding, software, design, text, graphics, and compiled content, is protected by applicable intellectual property laws. Except as expressly allowed by law, you may not copy, modify, distribute, sell, or create derivative works from the Service without permission. All rights not expressly granted to you are reserved by Perfusion Mind.

9. Availability and changes

We may change, update, suspend, limit, or discontinue parts of the Service at any time. We do not guarantee uninterrupted availability, error-free operation, continued availability of any feature, or continued access to any specific content or AI/provider functionality. The Service may depend on third-party platforms, app stores, cloud providers, AI providers, payment processors, and network services outside our control.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. PERFUSION MIND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, AND ERROR-FREE OPERATION.

PERFUSION MIND DOES NOT WARRANT THAT THE SERVICE, CONTENT, AI-GENERATED OUTPUTS, SEARCH RESULTS, SUBSCRIPTION FEATURES, OR THIRD-PARTY SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, UNINTERRUPTED, OR APPROPRIATE FOR ANY PARTICULAR CLINICAL OR PROFESSIONAL USE.

Some jurisdictions do not allow certain warranty exclusions, so some of the above exclusions may not apply to you. In that case, the exclusions apply to the maximum extent permitted by law.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFUSION MIND AND ITS OWNERS, OPERATORS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, CLINICAL OUTCOME, OR PROFESSIONAL OPPORTUNITY ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFUSION MIND’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PERFUSION MIND FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this section apply regardless of legal theory, whether based in contract, tort, negligence, strict liability, warranty, statute, or otherwise, and even if a remedy fails of its essential purpose. Your use of the Service is at your own risk.

12. Termination

We may suspend or terminate access if you violate these Terms, create risk to the platform, create risk to users or patients, submit prohibited information, misuse the Service, or if continued access would create legal, security, operational, or compliance risk.

Upon termination, your right to access or use the Service will stop. All provisions that by their nature should survive termination will survive, including medical disclaimers, user content licenses, ownership provisions, intellectual property rights, warranty disclaimers, indemnification, limitation of liability, arbitration, class action waiver, governing law, and any payment or subscription obligations accrued before termination.

13. Binding arbitration, class action waiver, and North Carolina venue

Please read this section carefully because it affects your legal rights. Before either party initiates arbitration, the party asserting a dispute must first send written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve the dispute informally for at least 30 days after notice is received, unless emergency injunctive relief is needed.

Except for disputes that qualify for small claims court and claims seeking injunctive or equitable relief for alleged misuse of intellectual property, unauthorized access, or security abuse, you and Perfusion Mind agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Perfusion Mind website, mobile application, subscriptions, communications, or related services will be resolved by final and binding individual arbitration rather than in court.

The Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this arbitration agreement. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except to the extent those rules conflict with these Terms. The arbitration will be decided by a single neutral arbitrator. Arbitration fees and costs will be allocated according to the applicable AAA rules, except that each party will bear its own attorneys’ fees unless applicable law, these Terms, or the arbitrator permits otherwise. If the AAA is unavailable or declines to administer the arbitration, the parties will work in good faith to select a comparable arbitration provider; if they cannot agree, a court of competent jurisdiction in North Carolina may appoint a substitute arbitrator or provider.

The seat, place, and venue of any arbitration will be North Carolina, United States. If an in-person arbitration hearing is required, it will take place in North Carolina unless applicable law or the applicable arbitration rules require a different location. The arbitrator may allow the arbitration to be conducted by video, telephone, or written submissions when appropriate and permitted by the applicable rules. For any dispute that is not subject to arbitration, and for any action to compel arbitration, stay litigation, confirm, modify, or vacate an arbitration award, you and Perfusion Mind agree to the exclusive jurisdiction and venue of the state and federal courts located in North Carolina, United States. The foregoing venue and forum provisions apply except where prohibited by applicable law.

You and Perfusion Mind agree that disputes will be resolved only on an individual basis. You and Perfusion Mind waive any right to participate in a class action, class arbitration, collective action, private attorney general action, or any other representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request for relief must proceed in court, not arbitration, and only in the courts described above.

You and Perfusion Mind waive the right to a jury trial for disputes covered by this section. Nothing in this section prevents either party from bringing an individual action in small claims court if the dispute qualifies, or from seeking temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, platform security, or unauthorized access to the Service.

If you do not wish to be bound by this arbitration agreement, you may opt out by sending written notice to info@perfusionmind.com within 30 days after you first accept these Terms or within 30 days after the effective date of the update that first added this arbitration agreement, whichever is later. Your opt-out notice must include your full name, the email address associated with your account if applicable, and a clear statement that you want to opt out of the arbitration agreement. Opting out of arbitration does not affect any other part of these Terms.

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration agreement above.

14. Changes to these terms

We may update these Terms from time to time. The updated version will be posted with a new effective date. Material changes will apply prospectively unless otherwise permitted by law. Your continued use of the Service after updated Terms become effective means you accept the updated Terms. If you do not agree, you must stop using the Service.

15. Contact

If you have questions about these Terms of Use, contact Perfusion Mind, LLC at info@perfusionmind.com or by mail at:

Perfusion Mind, LLC
4030 Wake Forest Road, Ste 349
Raleigh, NC 27609

16. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Perfusion Mind, LLC, its owners, officers, employees, contractors, service providers, licensors, and affiliates from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your misuse of the Service, violation of these Terms, violation of law, submission of unauthorized content, submission of patient-identifying information or Protected Health Information, infringement or misappropriation of third-party rights, violation of privacy or confidentiality obligations, or use of the Service in connection with patient care contrary to these Terms.

17. Third-party services

The Service may depend on third-party platforms and providers, including app stores, cloud hosting providers, authentication providers, analytics providers, crash-reporting providers, AI infrastructure providers, payment processors, messaging providers, and customer-support providers. Your use of those third-party services may be subject to their own terms and privacy policies. Perfusion Mind is not responsible for third-party services except to the extent required by applicable law.

18. Electronic communications

You consent to receive communications from us electronically, including by email, in-app messages, account notices, website notices, and other electronic means. Electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.

19. SMS/text message communications

If you opt in to SMS or MMS communications by providing your mobile phone number through an account flow, support flow, contact form, message thread, or other opt-in method, you consent to receive SMS or MMS messages from Perfusion Mind, LLC related to account notifications, important product information, app updates, downtime, support responses, and inquiries submitted by you.

Message frequency may vary. Message and data rates may apply. You may opt out of receiving SMS or MMS messages at any time by replying “STOP,” “CANCEL,” “UNSUBSCRIBE,” “QUIT,” “END,” or “OPT OUT” to any message you receive from us. After you opt out, we may send one final confirmation message and then will not send further SMS or MMS messages unless you opt in again. You may reply “HELP” for more information.

Mobile carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

20. General legal terms

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. We are not responsible for delay or failure to perform due to events beyond our reasonable control. Section headings are for convenience only and do not affect interpretation. These Terms and the Privacy Policy form the entire agreement between you and Perfusion Mind regarding the Service.