Terms of Use

Welcome to LongSession. These Terms of Use ("Terms") govern your access to and use of LongSession's AI-powered pre-consultation assistant services, website, and related applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Medical Disclaimer

Our AI-powered system:

• Collects medical history information from patients
• Generates structured summaries for healthcare providers
• Is intended to supplement, not replace, the doctor-patient relationship
• Should not be relied upon for medical emergencies

In case of a medical emergency, call 911 or your local emergency services immediately.

3. Eligibility and Account Registration

3.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• Reside in a jurisdiction where our Services are available

3.2 Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.3 Healthcare Provider Accounts

If you are registering as a healthcare provider, you represent and warrant that:

• You are a licensed healthcare professional
• Your license is current and in good standing
• You have the necessary credentials and authority to practice medicine
• You will comply with all applicable professional standards and regulations

4. Use of Services

4.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

4.2 Acceptable Use

You agree to use the Services only for lawful purposes. You will not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated systems to access the Services without permission
• Impersonate others or provide false information
• Harass, abuse, or harm other users
• Use the Services for any commercial purpose without authorization
• Reverse engineer, decompile, or disassemble any part of the Services

4.3 Professional Use

Healthcare providers using our Services agree to:

• Use the AI-generated summaries as supplemental information only
• Exercise independent professional judgment in patient care
• Verify all patient information before making clinical decisions
• Comply with HIPAA and all applicable healthcare regulations
• Maintain appropriate professional liability insurance

5. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to:

• Our collection and processing of your information as described in the Privacy Policy
• The use of cookies and tracking technologies
• Electronic communications from us regarding your account and the Services

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, AI algorithms, and technology, are owned by LongSession and protected by copyright, trademark, patent, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Services
• Remove or alter any proprietary notices
• Use our trademarks without written permission
• Frame or mirror any part of the Services

6.2 User Content

You retain ownership of the medical and personal information you provide ("User Content"). However, by using our Services, you grant us a limited license to:

• Use, process, and store your User Content to provide the Services
• Generate medical summaries and analyses
• Use de-identified, aggregated data for service improvement and research

This license is subject to our Privacy Policy and HIPAA compliance obligations.

7. Fees and Payment

7.1 Pricing

Certain features of the Services may require payment of fees. All fees are:

• Described on our website or in your account
• Billed in advance on a subscription basis
• Non-refundable except as required by law
• Subject to change with 30 days' notice

7.2 Payment Methods

You agree to:

• Provide current, complete, and accurate payment information
• Update your payment information promptly if it changes
• Pay all charges incurred under your account
• Pay applicable taxes

7.3 Subscription Renewal

Subscriptions automatically renew unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.

8. Term and Termination

8.1 Term

These Terms remain in effect while you use the Services.

8.2 Termination by You

You may terminate your account at any time by contacting us or using the account settings. Termination does not entitle you to a refund of any prepaid fees.

8.3 Termination by Us

We may suspend or terminate your access to the Services:

• For violation of these Terms
• For fraudulent or illegal activity
• If required by law
• If we discontinue the Services
• For any other reason with or without notice

8.4 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account and data (subject to retention obligations)
• Provisions that should survive termination remain in effect

9. Disclaimers and Warranties

To the fullest extent permitted by law, we disclaim all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of information
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the results or outcomes from using the Services

We do not warrant that:

• The Services will meet your requirements
• The AI-generated summaries are error-free or complete
• Any defects will be corrected
• The Services are free from viruses or harmful components

10. Limitation of Liability

Our total liability to you for all claims arising from or relating to the Services shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim, or
• $100

These limitations apply even if:

• We have been advised of the possibility of such damages
• A remedy fails of its essential purpose
• The damages result from our negligence

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless LongSession and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another
• Your User Content
• Your provision of medical care (for healthcare providers)

12. Dispute Resolution

12.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at legal@longsession.com and attempt to resolve the dispute informally.

12.2 Binding Arbitration

If informal resolution fails, any dispute shall be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

The arbitration will be:

• Conducted by the American Arbitration Association (AAA)
• Governed by the AAA's Consumer Arbitration Rules
• Held in your county of residence or another mutually agreed location
• Conducted in English

12.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative action.

12.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized use of the Services.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LongSession regarding the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, or government restrictions.

14.6 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms.

14.7 Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These communications may include notices, agreements, and other information concerning the Services.

14.8 Export Control

You may not use or export the Services in violation of U.S. export laws and regulations.

15. Compliance with Healthcare Regulations

Healthcare providers using our Services agree to comply with:

• HIPAA and HITECH regulations
• State medical practice laws
• FDA regulations where applicable
• CMS conditions of participation
• Professional licensing board requirements
• Medicare and Medicaid regulations
• All other applicable healthcare laws and regulations

16. Feedback and Suggestions

We welcome your feedback and suggestions. By providing feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate your feedback into our Services without compensation or attribution.

By using LongSession, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.