Terms & Conditions

Effective date: November 19, 2025
Company: Fitmedik Inc. (“Fitmedik”, “we”, “us” or “our”)
Registered address: 16192 Coastal Highway, Lewes, DE 19958, County of Sussex (Harvard Business Services, Inc. acts as our registered agent)
Scope: These Terms & Conditions (“Terms”) and Privacy Policy govern your access to and use of the Fitmedik software application(s) and web-based platform (collectively, the “Services”). They apply to customers, their authorized personnel and end-users, and any visitor to our websites or applications.

Note: Fitmedik builds an agentic platform for senior-care teams that automates documentation, extracts reports from electronic medical records (EMRs), converts care plans into alerts, and provides point-of-care support. It is intended for use by trained professionals. Fitmedik is not a licensed health-care provider and does not provide medical, legal or emergency advice.

1. Terms & Conditions

1.1 Acceptance of these Terms

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization and that “you” refers to that organization.

We reserve the right to modify these Terms at any time. We will provide notice of material changes (for example, via our website, email, or within the Services). Continuing to use the Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, stop using the Services.

1.2 Eligibility and Account Registration

Fitmedik’s Services are designed for professionals in health and senior-care settings. You must be at least 18 years old and legally able to form a binding contract to use the Services (reflecting the age and citizenship limits many health-tech providers impose). We do not knowingly collect personal data from children and will delete such data if we discover it.

You must create an account to use certain features. You agree to provide accurate and current information and to maintain the confidentiality of your credentials. You are responsible for all activity under your account and for securing your login credentials; do not share them or allow others to access your account. If you suspect unauthorized use, notify us immediately.

1.3 Description of Services and Use of AI

Fitmedik provides AI-enabled tools that help caregivers document interactions (scribe and policy check), automatically compile reports from EMRs, convert care plans into alerts, and supply decision support at the point of care. Our Services may generate responses, reports or analyses using machine-learning models. You acknowledge that:

  • No medical or legal advice. The output is for informational purposes only and does not constitute medical, legal, diagnostic or professional advice. Our Services should never be used as a substitute for clinical judgment or emergency care. Only trained health-care professionals can diagnose or treat medical conditions, and you must consult a qualified clinician before acting on any information. Fitmedik disclaims responsibility for decisions you or others make based on the Services.
  • AI limitations. AI-generated responses may contain inaccuracies, omissions or biases. You must verify any output and should not represent it as solely human-generated. Do not rely on AI-generated content as the sole basis for critical decisions. You understand that we continually improve our models and may use anonymized data and feedback to do so (see Section 2 below).
  • Beta or preview features. Some features may be in beta or early access. Such features are provided “as is” and may change or cease without notice; our liability for beta features is limited.
1.4 Acceptable Use and Prohibited Activities

You agree to comply with all applicable laws and to use the Services responsibly. You must not, and must not enable or assist others to:

  1. Violate the rights of others, encourage illegal activities or use the Services for unlawful, invasive, infringing, defamatory or fraudulent purposes.
  2. Misrepresent AI-generated output as exclusively human-generated or suggest that Fitmedik is providing professional medical or legal advice.
  3. Upload, transmit or distribute viruses, malware or other harmful code.
  4. Interfere with or disrupt the Services or attempt to circumvent security features, access controls or rate limits.
  5. Use the Services to build, train or improve similar or competing products or services, or to scrape data from the platform.
  6. Collect or harvest personal data of others without consent or violate privacy or data-protection laws.
  7. Transmit User Content that is illegal, harmful, fraudulent, deceptive, threatening, harassing, obscene or otherwise objectionable.
1.5 User Content and License to Fitmedik

When using the Services, you or your organization may provide data, messages, transcripts, care plans, EMR extracts or other content (“User Content”). You retain ownership of your User Content. By uploading or transmitting User Content, you grant Fitmedik and its affiliates a worldwide, non-exclusive, royalty-free license to host, process, display, adapt, analyze and otherwise use the User Content to provide the Services, including to operate, maintain, improve and enhance our AI models. This license includes the right to generate reports, summaries and alerts based on your User Content and to create aggregated or de-identified data for analytics, benchmarking and model training.

You represent and warrant that you have all rights necessary to provide the User Content and that our use will not infringe or violate any third-party rights. You are solely responsible for your User Content and its accuracy; we are not liable for errors or omissions in User Content or for results produced from inaccurate input.

1.6 Intellectual Property

Fitmedik and its licensors retain all rights, title and interest in the Services and related intellectual property, including software, algorithms, user interfaces, trademarks and documentation. Except for the limited license granted above, nothing in these Terms transfers to you any ownership of our intellectual property. You may not copy, distribute, modify, create derivative works of, reverse engineer or decompile any part of the Services except as permitted by law.

1.7 Fees and Payment

Access to certain Services may require payment of subscription fees. Fees, billing cycles and payment terms will be described in a separate order form or agreement with your organization. You agree to pay all fees when due. We may suspend or terminate access to the Services for non-payment. Fees are exclusive of taxes, duties or charges imposed by government authorities, all of which are your responsibility.

1.8 Third-Party Services and Integrations

The Services may interoperate with third-party systems (such as EMRs, communication tools, payment processors or cloud providers). We do not control these third parties and are not responsible for their content, terms or privacy practices. Use of third-party services is at your risk and subject to their agreements. We may engage subcontractors and sub-processors to provide the Services; our subcontractors are subject to data-protection obligations consistent with these Terms.

1.9 Feedback

If you provide suggestions, comments or feedback regarding the Services, you grant Fitmedik a perpetual, irrevocable, worldwide, royalty-free right to use that feedback for any purpose, including to improve the Services, without compensation to you.

1.10 Termination

We may suspend or terminate your access to the Services (in whole or in part) immediately if you violate these Terms, fail to pay fees or otherwise create risk or legal exposure for us. Upon termination, your right to use the Services will cease. Some provisions of these Terms survive termination (including ownership, limitations of liability, indemnity and dispute resolution).

1.11 Disclaimers

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Fitmedik disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy. We do not guarantee that the Services will be uninterrupted, error-free or secure, or that AI-generated output will be accurate or appropriate for your needs. You understand that reliance on any information provided by Fitmedik or through the Services is at your own risk.

Fitmedik does not offer medical advice, diagnoses or treatment, and the Services should never be used for medical emergencies. If you have a medical or mental-health emergency, call emergency services immediately.

1.12 Limitation of Liability

To the maximum extent permitted by applicable law, Fitmedik and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenues, data, goodwill or other intangible losses, arising out of or related to your use of the Services. Our aggregate liability for all claims relating to the Services will not exceed the greater of (a) US $100 or (b) the amount you paid to us in the 12 months preceding the claim. This limitation applies regardless of whether the claim is based on contract, tort, strict liability or any other legal theory and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations; these limitations will apply to you only to the extent permitted by law. In particular, Fitmedik disclaims liability for reliance on AI-generated information and for any medical outcomes or decisions arising from such reliance.

1.13 Indemnification

You agree to defend, indemnify and hold harmless Fitmedik, its affiliates, directors, officers, employees and agents from and against any claims, damages, obligations, losses, liabilities, costs or expenses (including reasonable attorneys’ fees) arising from: (i) your use of or access to the Services; (ii) your violation of these Terms; (iii) your User Content; or (iv) your violation of any law or the rights of any third party.

1.14 Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Mandatory arbitration: Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration on an individual basis. You waive any right to have disputes decided by a judge or jury and to participate in class actions. The arbitration will be administered by a recognized arbitration provider under its rules. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or confidential information.

1.15 Miscellaneous
  • Entire agreement. These Terms constitute the entire agreement between you and Fitmedik regarding your use of the Services and supersede any prior agreements or understandings. If you have a negotiated Master Subscription Agreement or similar contract with us, that contract controls to the extent of any conflict.
  • Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Fitmedik may assign its rights and obligations to an affiliate or in connection with a merger, sale of assets or other corporate transaction.
  • Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
1.16 Contact Us

If you have questions or concerns about these Terms or our privacy practices, or if you wish to exercise your data-protection rights, please contact:

Fitmedik Inc.
16192 Coastal Highway
Lewes, DE 19958, USA
Email: operations@fitmedik.com

References:
• Fitmedik’s Terms incorporate several best practices observed in publicly available terms for similar AI-enabled services, such as requiring users to be adults, reserving the right to change terms, disallowing illegal activities and scraping, clarifying that the service is not a medical provider and should not be used for emergencies, and limiting liability.
• Fitmedik’s Privacy Policy aligns with guidance that a privacy notice should explain what data is collected, why it is used, how it is shared, retention periods, and users’ rights. It distinguishes between data processed as a controller and as a processor, echoes requirements to inform users that AI training may use aggregated data, and draws on examples from health-tech privacy policies on the handling of user information and cookies.