IntuBlade App: Terms of Service
Effective Date: 12/17/2024
Welcome to the IntuBlade App! These Terms of Service (“Terms”) govern your access to and use of our mobile application, related services, and all associated features, content, and functionality (collectively, the “Service”). By creating an account, uploading content, or using the Service in any manner, you confirm that you have read, understood, and agreed to these Terms.
Acceptance of Terms
By accessing, downloading, or using the Service, you agree to abide by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, you may not use the Service. IntuBlade, Inc. (“IntuBlade,” “we,” “us,” or “our”) reserves the right to amend or update these Terms at any time at its sole discretion. Changes will be effective immediately upon posting, and your continued use of the Service following such updates constitutes acceptance of the revised Terms.
User Accounts and Responsibilities
2.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding agreements to use the Service. By creating an account, you represent and warrant that you meet these eligibility requirements.
2.2 Account Information
When you create an account, you agree to:
Provide accurate, current, and complete information;
Update such information promptly as changes occur;
Keep your login credentials secure and confidential;
Accept full responsibility for any activity occurring under your account.
2.3 Unauthorized Access
You are solely responsible for safeguarding your account. If you believe your account has been compromised, you must notify us immediately at support@intublade.com. We are not liable for any loss or damage arising from unauthorized use of your account.
Use of the Service
3.1 Permitted Use
The Service is provided to assist in airway management and related clinical scenarios. You agree to use the Service:
For lawful purposes only;
In accordance with all applicable laws, regulations, and medical guidelines;
As intended by IntuBlade.
3.2 Prohibited Use
You may not:
Use the Service in any manner that violates local, state, federal, or international laws;
Attempt to reverse-engineer, modify, copy, or resell the Service;
Upload or share illegal, harmful, offensive, or inappropriate content;
Introduce malware, viruses, or other harmful code;
Attempt to gain unauthorized access to the Service or our systems;
Rely on the Service as a substitute for clinical judgment or proper medical decision-making.
HIPAA Compliance and User Responsibility
The IntuBlade Service is designed with HIPAA-compliant cloud-based storage to protect uploaded videos, images, and data (“User Content”). While we take steps to ensure the security of your data in accordance with HIPAA guidelines:
User Responsibility for Compliance: It remains your responsibility to ensure that your use of the Service complies with all applicable medical privacy laws, including HIPAA.
No Guarantee of Full Compliance: IntuBlade facilitates secure storage; however, improper use of the Service by you (e.g., unauthorized sharing of PHI, failure to secure account credentials) may still result in HIPAA violations. You agree to use the Service responsibly and comply with all institutional, state, and federal requirements.
Clinical Responsibility: The Service is a tool to assist clinicians. It does not replace clinical expertise or decision-making. You assume full responsibility for the proper use of the Service in clinical practice, including the consequences of relying on its output.
Uploaded Content and Video Data
5.1 User Content License
By uploading videos, images, or other content to the Service (“User Content”), you grant IntuBlade a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, analyze, modify, aggregate, anonymize, and otherwise utilize User Content to:
Improve our algorithms, app performance, and related services;
Develop and enhance future features;
Conduct internal research, analysis, and quality control.
5.2 Secure Storage
User Content is stored in HIPAA-compliant, cloud-based storage systems designed to ensure privacy, security, and compliance with applicable data protection laws. While we implement administrative, physical, and technical safeguards to protect your data, no system is entirely secure, and you acknowledge and accept this risk when uploading User Content.
5.3 Ownership and Use
You retain ownership of your User Content. However, IntuBlade reserves the right to retain, aggregate, or analyze uploaded content for the purposes listed above, including anonymized data that no longer identifies individuals.
5.4 Discretionary Use
IntuBlade reserves the right, but not the obligation, to monitor, review, or remove User Content that violates these Terms or is deemed harmful, inappropriate, or unlawful at our sole discretion.
Limitation of Liability and Disclaimers
6.1 Disclaimers
“AS IS” BASIS: The Service is provided on an “as is” and “as available” basis without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Accuracy: IntuBlade does not guarantee that the Service will be error-free, reliable, uninterrupted, or suitable for any specific clinical or operational use.
User Responsibility: You acknowledge that any reliance on the Service is at your sole risk, and you assume full responsibility for clinical decisions made while using the Service.
6.2 Limitation of Liability
To the fullest extent permitted by law, IntuBlade and its officers, employees, affiliates, licensors, and partners shall not be liable for:
Any direct, indirect, incidental, consequential, punitive, or special damages;
Loss of data, revenue, profits, or goodwill;
Errors, inaccuracies, or interruptions in the Service;
Any unauthorized access to or use of User Content or account information.
In no event shall IntuBlade’s total cumulative liability exceed the amount you paid (if any) for access to the Service in the 12 months preceding the event giving rise to the claim.
Indemnification
You agree to indemnify, defend, and hold harmless IntuBlade, its affiliates, employees, directors, officers, and partners from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
Your breach of these Terms;
Your use or misuse of the Service;
Your violation of applicable laws or third-party rights;
Any content or data you upload or transmit through the Service.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflicts of laws principles. Any dispute arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in Delaware.
You agree to waive any right to trial by jury and consent to binding arbitration for disputes under these Terms, in accordance with the American Arbitration Association (AAA) rules.
Changes to the Service
We reserve the right to modify, suspend, or discontinue the Service, or any portion thereof, at any time without notice or liability to you.
Contact Information
For questions, concerns, or feedback, please contact us at:
IntuBlade, Inc.
Email: support@intublade.com
By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.