Terms of Use

Purpose of EtherDay

EtherDay provides informational, educational, organizational, reference, and related software tools. The Service may include information concerning healthcare and other professional topics.

Eligibility and accounts

You must be legally able to enter into these Terms and provide accurate account information. You are responsible for safeguarding your credentials and for activity performed through your account. Accounts may not be shared or used to defeat plan limits, access controls, eligibility requirements, or security measures.

Acceptable use

You may not use EtherDay to violate law; infringe the rights of others; compromise security; interfere with service operation; bypass access, billing, usage, or eligibility controls; automate abusive usage; introduce malicious code; or submit content you do not have the right to use.

Patient-identifiable information

EtherDay is not an approved medical record, patient-record repository, patient monitoring system, or institutional clinical communication system. You remain responsible for complying with applicable law, professional obligations, and organizational policies governing information you use with the Service.

Professional responsibility and reliance

You remain solely responsible for your professional judgment, decisions, actions, documentation, and use of information obtained through EtherDay. The Service does not independently diagnose, prescribe, authorize, clear, monitor, or direct care. Nothing provided through EtherDay should be treated as a guarantee of a particular result or as a replacement for sources, policies, consultation, or verification appropriate to the circumstances.

EtherDay should not be relied upon as the sole source of information in emergency, time-sensitive, or other circumstances where delayed, incomplete, or inaccurate information could result in harm.

Generated, retrieved, and reference information

Information and outputs may contain errors, omissions, incomplete context, outdated information, or content that is unsuitable for particular circumstances. References, retrieved materials, calculations, summaries, and generated content may also depend on information supplied by the user or third parties. You are responsible for determining whether information is appropriate for your use and for independently verifying consequential information.

The presence of a citation, reference, source, or retrieved material does not guarantee that an output is accurate, complete, current, or appropriate for a particular circumstance.

Subscriptions, billing, trials, and promotions

Certain features may require a paid plan, trial, or other eligibility. Prices, included features, limits, billing periods, renewal terms, and cancellation options presented at purchase form part of these Terms. Unless otherwise stated at purchase or required by law, subscriptions may renew automatically until canceled. Access may change when a trial ends, a subscription expires, payment fails, or eligibility changes. Trials and promotions may be limited by account, user, time period, or other eligibility conditions, and we may prevent repeated claims or attempts to circumvent those conditions.

Usage and service limits

EtherDay plans and features may be subject to usage limits, including limits on messages, models, tools, features, or other service resources. Available usage may vary by plan or access level and may also depend on the model or feature being used.

We may adjust usage limits from time to time based on service capacity, usage patterns, product changes, provider requirements, or other reasonable operational considerations. We may also apply temporary rate limits or other reasonable safeguards when necessary to maintain the availability, reliability, security, or performance of the Service.

Current limits or allowances, when applicable, may be displayed within the Service or communicated as part of the applicable plan.

Service availability and changes

We may improve, modify, add, remove, suspend, restrict, or discontinue features, models, tools, integrations, limits, or portions of EtherDay. We do not guarantee uninterrupted, secure, or error-free availability. Maintenance, third-party outages, network conditions, security events, technical failures, and other circumstances may affect the Service.

Intellectual property

EtherDay and its software, branding, interface, original content, and service design are protected by applicable intellectual-property laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purposes; they do not transfer ownership of EtherDay or third-party materials.

Your content

You retain responsibility for content you submit. You grant EtherDay the limited rights reasonably necessary to process that content to provide, secure, maintain, and operate the Service. You represent that you have the rights, permissions, and authority necessary to submit and use the content you provide.

Third-party services

EtherDay may rely on third-party infrastructure, authentication, payment, data, model, computing, or other service providers. Those services may be subject to separate terms and policies. To the maximum extent permitted by law, EtherDay is not responsible for failures, interruptions, acts, omissions, or content of third-party services outside our reasonable control.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETHERDAY IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ETHERDAY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE AVAILABILITY. WE DO NOT WARRANT THAT INFORMATION OR OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE OR CIRCUMSTANCE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETHERDAY AND ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, YOUR USE OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ETHERDAY AND THE PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ETHERDAY FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EtherDay and its owners, affiliates, officers, employees, and contractors from third-party claims, liabilities, damages, losses, and reasonable costs arising from your unlawful or prohibited use of the Service, your submission of identifiable patient information in violation of these Terms, your violation of these Terms, or your infringement or violation of another person’s rights.

Suspension and termination

Access may be suspended, restricted, or terminated for violation of these Terms, abuse, security risk, nonpayment, unlawful activity, or where reasonably necessary to protect EtherDay, users, or third parties. You may stop using EtherDay at any time. Provisions that by their nature should survive termination—including ownership, disclaimers, limitations of liability, indemnification, and general contractual provisions—will survive.

Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, except where applicable law requires otherwise. Any dispute will be subject to the courts or procedures having lawful jurisdiction over the dispute. Nothing in these Terms waives rights that cannot lawfully be waived.

General terms

These Terms, together with policies expressly incorporated into them, constitute the agreement governing your use of EtherDay. If a provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our consent where consent is permitted to be required; EtherDay may assign these Terms in connection with a reorganization, financing, sale, merger, or transfer of the Service or business.

Changes to these terms

We may update these Terms as the Service evolves. The effective date above will be revised when updated Terms are published. Where required by law, we will provide additional notice or obtain consent. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law.

Contact

For questions about these Terms or the Service, contact support@etherday.app.