Terms of Service

1. Acceptance of Terms

By accessing or using LymeDiary (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years old, or if you are between 13 and 18, that you are using the Service with parental consent.

2. Description of Service

LymeDiary provides a platform for tracking health symptoms, treatments, and wellness metrics related to Lyme disease and other tick-borne illnesses. Our services include:

• Daily symptom and wellness tracking
• AI-powered health insights
• Treatment protocol library
• Community forums and discussions
• Healthcare provider directory
• Doctor report generation

3. Not Medical Advice

THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

• Information provided through LymeDiary, including AI-generated insights, protocol information, and community discussions, is for informational purposes only
• Patient experiences shared through our platform reflect individual experiences and may not apply to your situation
• Never disregard professional medical advice or delay seeking treatment because of information obtained through LymeDiary
• Always consult with qualified healthcare providers regarding any medical conditions or treatments

4. User Accounts

Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You agree to notify us immediately of any unauthorized access to your account
• You are responsible for all activities that occur under your account
• We reserve the right to suspend or terminate accounts that violate these Terms

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Provide medical advice or present yourself as a healthcare professional (unless you are one)
• Share false, misleading, or harmful health information
• Harass, abuse, or harm other users
• Share content that is hateful, discriminatory, or threatening
• Impersonate any person or entity
• Collect personal information about other users without consent
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to the Service
• Use automated systems to access the Service without permission
• Share spam, advertising, or promotional materials without authorization

6. User Content

Your Content

You retain ownership of any content you submit to the Service, including health logs, forum posts, reviews, and experiences ("User Content"). By submitting User Content, you grant LymeDiary a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with operating and improving the Service.

Content Responsibilities

• You are solely responsible for your User Content
• You represent that you have the right to share any content you submit
• You will not share content that infringes on others' intellectual property rights
• Health experiences you share are your own and presented as personal experiences, not medical advice

Content Moderation

We reserve the right to remove any User Content that violates these Terms or that we determine to be harmful, including content that provides specific medical advice or promotes dangerous practices.

7. Community Guidelines

When participating in our community forums, you agree to:

• Be respectful and supportive of other members
• Share experiences without claiming to provide medical advice
• Respect others' privacy and confidentiality
• Not promote specific healthcare providers, products, or treatments in a commercial manner
• Report content that violates these guidelines
• Accept that moderators may remove content that violates guidelines

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by LymeDiary and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, create derivative works from, distribute, sell, lease, or license any part of the Service without our prior written consent.

9. Subscriptions and Payments

Free and Premium Plans

LymeDiary offers both free and paid subscription plans. Premium features are available through monthly or annual subscriptions.

Billing

• Subscription fees are billed in advance on a recurring basis
• Prices may change with reasonable notice
• You are responsible for providing accurate billing information

Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds are provided for partial subscription periods, except as required by law

Refunds

• Monthly subscriptions: Full refund within 14 days of purchase
• Annual subscriptions: Prorated refund within 30 days of purchase
• Contact support@lymediary.com to request a refund

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of information provided
• Warranties regarding the accuracy of AI-generated insights

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYMEBASE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits, data, use, or goodwill
• Health outcomes or medical decisions made based on information from the Service
• Any damages resulting from unauthorized access to your account
• Any damages resulting from interruption or cessation of the Service

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless LymeDiary and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including but not limited to:

• Breach of these Terms
• Request by law enforcement or government agencies
• Extended periods of inactivity
• Engagement in fraudulent or illegal activities

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on this page and updating the "Last updated" date.

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified terms, you must stop using the Service.

15. Governing Law and Disputes

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may bring claims in small claims court if your claims qualify.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and LymeDiary regarding the Service
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights
• Assignment: You may not assign or transfer these Terms without our prior written consent

17. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@lymediary.com
• Address: LymeDiary, Inc., [Address]

For support inquiries, please contact support@lymediary.com.