Terms of Service
As of November 11th, 2020
Welcome to Lepius!
Lepius builds services and technologies to connect global physicians and help them achieve better medicine together. These terms govern your use of Lepius platform ("Service").
By accessing the Service, you acknowledge that you have read and understand these Terms, and that you agree to be bound them. If you do not agree to be bound by these Terms, do not access the Service.
1. About the service
Who may use the service
Our service is limited to verified M.D. and O.D. with U.S. medical license. However, there can be a change of range of users in near future, including physicians from other countries and people with broader range medical related profession such as medical researcher or nurses.
3. Content on the Service
User Contents, Ownership and Copyright
You can upload and share medical information on lepius including patient cases("Content"). You are responsible for your use of the Service and for any Content you provide. You should only provide Content that are compliant to HIPAA Privacy Rule, and you are comfortable sharing with others.
Any reliance or use of the Content on the Service that can be obtained by you through the Service is at your own risk. We do not guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service.
You own the intellectual property rights in any such content that you create and share on Lepius. However, to provide and maintain our service, we need you to give us some legal permissions("License") to use the Content. For example, your Content can be used for educational, promotional or research purposes for better service.
You agree that this license includes the right for Lepius to provide, promote, and improve the Service and to make Content submitted to or through the Service available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Also, please note that you are responsible for the damages to the Owner of the Content caused by using it for academic, commercial or other purposes without their or our agreement.
The Content you published might be removed or un-published(turning into draft again from published post) without notifying you if we consider the Content against Lepius Rules and Policies. However, you can file a request to verify the reason and suggest adjustment to the Content and revoke the action.
Patient Case and HIPAA Compliance
The Patient Cases you upload must be compliant with HIPAA Privacy Rule. The consequence of exposing the name, address, face or other identifiable information of the Patient in the Content is at your own risk. Despite it is a part of our duty to monitor and give adequete guidance to user or remove post against the HIPAA Privacy Rule, we cannot guarantee that it is safe to include anything in the Case. If you think some part of your medical case might include indentifiable information and you still want to share, you must obtain a valid consent using Lepius Consent Form or the official consent form of your institution either electronically or in writing.
4. Using the Service
Please review the Lepius Rules and Policies, which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
In consideration for Lepius granting you access to and use of the Services, you agree that Lepius and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.
About Your Account
You need to create an account to use our Service. You are responsible for keeping your account information unexposed to other parties. To use our service, you must verify your medical license by uploading photos of your license and your identity document, such as your ID card, driver's license or passport. Photos you upload for license verification purpose will be destroyed permanantly from our server and will not be stored after the verification process finishes.
You can change your account information such as email address or password in the Service any time when the Service and its account management function is fully available.
Ending the Term
You may end your legal agreement with Lepius by deactivating your accounts and discontinuing your use of the Services. To deactivate your account, you must request via email firstname.lastname@example.org.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Lepius Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was terminated in error you can file an appeal to the email. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Lepius Entities” refers to Lepius , its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE LEPIUS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Lepius Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Lepius Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LEPIUS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LEPIUS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LEPIUS , IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LEPIUS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Lepius. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
Failure to enforce any part of these Terms is not a waiver of the right to later enforce that or any other part of these Terms.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Lepius. Lepiushas the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third parties to fulfill its duties and obligations under these Terms and in connection with the Service.