Terms and Conditions

Introduction

Welcome to inquira.health (the “Website”). These Terms of Use (“Terms”) govern your access to and use of the Website and any related services provided by Inquira Technologies B.V. (“InquiraHealth,” “we,” “us,” or “our”). By accessing or using our Website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.

Please note: If you are a healthcare provider or an enterprise customer using our Conversational AI (voice/chat) services, additional or separate agreements (e.g. Data Processing Agreement) may apply.

Eligibility

1. Age Requirement: You must be at least 16 years old to use our Website. If you are under 16, you must have permission from a parent or legal guardian who agrees to be bound by these Terms on your behalf.
2. Legal Capacity: You represent and warrant that you have the legal right and capacity to enter into these Terms in your jurisdiction.

Account Registration

1. Account Creation: Certain features of our Website or services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to promptly update this information if it changes.
2. Account Security: You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account. InquiraHealth shall not be liable for any losses arising from unauthorized use of your account.
3. Notification: You agree to notify us immediately at support@inquira.health of any suspected or actual unauthorized use of your account or any other breach of security.

User Conduct

By using our Website, you agree not to:

1. Unlawful Activities: Engage in any activity that violates applicable laws or regulations, or that promotes illegal activity, violence, or discrimination.
2. Prohibited Content: Post, upload, or transmit any content that is defamatory, obscene, pornographic, offensive, or otherwise harmful.
3. Unauthorized Access: Attempt to gain unauthorized access to any part of our Website, servers, or other systems.
4. Malicious Code: Transmit any viruses, worms, malware, or other harmful or disruptive code.
5. Impersonation: Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Fair Usage

1. Purpose: We aim to provide stable and reliable services for all users. To maintain this, we may enforce a Fair Usage Policy to prevent excessive, abusive, or fraudulent usage that could negatively impact performance for other users.
2. Usage Limits: We may, at our discretion, set or modify technical limits (e.g. API call limits, data storage caps, call durations) based on typical user behavior.
3. Monitoring: We reserve the right to monitor usage patterns. If we detect usage that exceeds normal operational thresholds or violates these Terms, we may temporarily or permanently restrict or suspend your access.
4. Upgrade or Adjustments: If your usage consistently exceeds fair usage thresholds, we may require you to upgrade to a higher service tier or purchase additional capacity.
5. Enforcement: Violation of this Fair Usage clause may lead to warnings, suspension, or account termination at our sole discretion.

No Medical Advice

While InquiraHealth provides Conversational AI services that may be used by healthcare providers:

1. Information Only: The information provided on our Website is for general informational purposes and does not constitute medical advice, diagnosis, or treatment.
2. Professional Judgment: Always seek the advice of qualified healthcare professionals regarding any medical concerns. We do not endorse or warrant the accuracy of any third-party content or user-generated content related to health matters.

Intellectual Property

1. Ownership: All content available on or through our Website—such as text, graphics, logos, images, and software—belongs to InquiraHealth or its licensors and is protected by applicable intellectual property laws.
2. License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal or internal business purposes.
3. Restrictions: You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly authorized by us in writing.

Privacy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy for details on how we collect, use, and protect your personal information. If you process patient or end-user data through our services, additional data protection terms (including our Product Privacy Policy) may apply.

Disclaimers

1. As Is / As Available: Our Website and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
2. No Guarantee: We do not guarantee that our Website will be uninterrupted, secure, or free from errors, viruses, or other harmful components.
3. Third-Party Links: The Website may contain links to third-party websites or resources. We do not endorse, monitor, or have any control over such third parties and disclaim any liability arising from your use of them.

Limitation of Liability

To the fullest extent permitted by law:

1. Indirect Damages: InquiraHealth shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill.
2. Aggregate Liability: Our total liability for any claim under these Terms shall not exceed the amount you paid (if any) to use our Website or services in the six (6) months preceding the event giving rise to the claim.
3. Jurisdictional Limits: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless InquiraHealth, its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:

1. Your use or misuse of our Website or services
2. Your breach of these Terms
3. Your violation of any applicable law, regulation, or rights of any third party (including but not limited to intellectual property rights)

Suspension and Termination

1. Suspension: We may suspend or restrict your access to the Website if we believe, in our sole discretion, that you have violated these Terms or pose a security risk.
2. Termination: We reserve the right to terminate your account or access to the Website at any time, without notice, for any reason, including breach of these Terms. Upon termination, all rights granted to you under these Terms will cease.

Governing Law and Dispute Resolution

1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
2. Venue: Any legal proceedings relating to or arising out of these Terms shall be brought exclusively in the competent courts of Rotterdam, the Netherlands, unless otherwise required by mandatory local law.

Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the revised Terms on our Website and updating the “Last Updated” date. Your continued use of the Website after the effective date of any changes constitutes your acceptance of the updated Terms.

Miscellaneous

1. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
2. No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
3. Entire Agreement: These Terms, together with any other legal notices or policies referenced herein, constitute the entire agreement between you and InquiraHealth with respect to your use of the Website.