1. These Terms of Use
These Terms of Use ("Terms") describe your rights and responsibilities when using the public website at www.lind.care (the "Website") and the clinical trial matching platform (the "Platform") offered by Lind AI, Inc. ("Lind AI," "we," "us," or "our"). Together, the Website and Platform are the "Services."
Lind AI provides clinical trial matching technology to healthcare organizations. The Platform is deployed in separate or logically segregated environments. Customer workforce users must be authorized and invited by the healthcare customer. Authorized Lind AI personnel may also access customer information as permitted by the Customer Agreement and applicable law. Lind AI does not offer patient self-service accounts or a personal health record service. The Website provides general business information about our Services.
Customer agreements control Platform services. A healthcare customer's signed agreement with Lind AI, including any applicable business associate agreement ("BAA"), data processing agreement, and order form (together, the "Customer Agreement"), governs the Platform services and customer data. These Terms do not replace or amend a Customer Agreement. If these Terms conflict with a Customer Agreement, the Customer Agreement controls, including for data use, confidentiality, security, support, retention, deletion, liability, and termination.
Please read these Terms before using the Services. By accessing or using the Services, you agree to these Terms to the extent they apply to your use. If you do not agree, you should not use the Services. These Terms apply to visitors and authorized users ("you" or "Users"). If you use the Services on behalf of an organization, you must be authorized to do so; an individual user's use of the Platform does not amend the organization's Customer Agreement.
2. Changes to These Terms
We may revise these Terms by posting an updated version on this page. The version date identifies the reviewed text. This version takes effect when first published here, subject to any additional notice, consent, or timing requirements under applicable law or a Customer Agreement. We will provide direct notice where required by law or a Customer Agreement; otherwise, publication on this page is our notice of changes. Changes to the dispute resolution provisions in Section 14 will not apply to disputes already notified on or before publication of the change.
Your continued use of the Services after updated Terms take effect represents your acceptance to the extent permitted by applicable law and these Terms' scope. Changes to a Customer Agreement follow that agreement's amendment process; publication here does not amend it.
3. Website and Platform Access
The Website is intended for a general business audience. You do not need a Platform account to browse the Website, request a business demo, or contact us. Customer Platform accounts are for workforce users authorized and invited by a healthcare customer; authorized Lind AI personnel access is described in Section 1. There is no public patient registration.
When setting up or using an authorized Platform account ("Account"), provide accurate, current information and follow your organization's access and security requirements. You may access only the customer environment and information you are authorized to use. Contact your organization's administrator for access changes or removal.
You are responsible for maintaining the confidentiality and security of your authentication credentials ("Credentials") and for activity performed through your Account. Do not share Credentials or allow another person to use your Account.
Immediately notify your organization's administrator and security@lind.care if you become aware of unauthorized use of your Credentials or Account, or another suspected security issue. Do not include patient information, passwords, or other sensitive data in ordinary email. Any allocation of responsibility or liability for a customer's Platform accounts remains subject to the Customer Agreement and applicable law.
4. Not a Substitute for Medical Advice
Lind AI provides technology to support clinical trial matching workflows. Lind AI is not a healthcare provider and does not provide medical advice, diagnosis, or treatment.
Platform outputs support review by authorized healthcare and research personnel. Those personnel must independently verify relevant clinical information, trial criteria, and potential matches before making decisions. The Services do not replace professional medical judgment, patient discussions, or the trial site's eligibility assessment. Patients should direct questions about their health, treatment, or trial participation to their healthcare provider.
THE SERVICES DO NOT PROVIDE OR REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
5. Limitations of Our Services
The Platform helps authorized healthcare personnel identify clinical trials ("Trials") that may be relevant to patients using customer-authorized clinical information and trial information. Sources may include public trial registries and information supplied or authorized by the customer. Available Trials and functionality depend on the customer's configuration and contracted services.
Currently, trial ranking is based on clinical relevance. Sponsors do not pay for preferential trial ranking or placement in the Platform. If that practice changes, we will update the relevant disclosures and comply with applicable Customer Agreements and law before introducing the change.
Trial information and automated matching outputs may be incomplete, outdated, or incorrect. A potential match does not establish eligibility, availability of a trial slot, or suitability of a Trial for a patient. Authorized personnel must verify the current protocol, recruitment status, and relevant patient information with the trial team.
Lind AI does not conduct Trials or control their safety, outcomes, or enrollment decisions. Trial sponsors, investigators, and sites ("Trial Providers") remain responsible for their Trials. Participation decisions belong to the patient and the relevant healthcare and trial teams. Lind AI does not guarantee that any patient will qualify for, enroll in, or benefit from a Trial.
6. Protecting Your Privacy
Our Privacy Policy explains our handling of Website, business-contact, workforce-account, and customer-directed information. Our separate Washington Consumer Health Data Privacy Policy describes consumer health data that Lind AI controls within that notice's scope. Those notices do not replace a healthcare customer's privacy notice or Customer Agreement.
Customer-directed clinical data is processed under the Customer Agreement, customer instructions, and applicable law. Where applicable, Lind AI acts as the customer's business associate under a BAA. Using the Website or accepting these Terms does not provide consent to collect, share, or sell consumer health data where separate consent or authorization is required.
Do not submit patient information, medical records, or other health information through the demo-request form, public Website, or ordinary support email. Customer clinical data must be provided only through customer-authorized channels.
7. Protecting and Keeping Information Confidential
We use commercially reasonable administrative, technical, and physical safeguards to protect information submitted through the Services ("User Information") against unauthorized access, use, or disclosure. Confidentiality, security, and incident-notification obligations for customer data are governed by the Customer Agreement, including any BAA, and applicable law.
For Website and business-contact information, our uses and disclosures are described in the Privacy Policy. Where notification of a security incident is required, we will notify the relevant customer or affected individuals in accordance with the Customer Agreement and applicable law, and take reasonable steps to mitigate the incident. These Terms do not authorize a use or disclosure of customer data beyond those permitted by the Customer Agreement and applicable law.
8. Ownership Matters
This section describes the intellectual property rights related to the Services, your User Information, and the responsibilities associated with each.
8.1 Lind AI Intellectual Property
The Website and Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof), are owned by Lind AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Lind AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Lind AI or its affiliates or licensors. You must not use such marks without the prior written permission of Lind AI. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Nothing in these Terms grants you any right, title, or interest in or to the Website, Services, or any content therein, other than the limited right to use the Services in accordance with these Terms.
8.2 Rights in User Information
Nothing in these Terms transfers ownership of User Information or customer data to Lind AI. The respective rights of a healthcare customer and individuals in customer-controlled information remain governed by the Customer Agreement and applicable law. A workforce user's access to patient information does not give that user ownership of the information.
For privacy-rights requests concerning Website or business-contact information, including deletion requests, contact privacy@lind.care as described in our Privacy Policy. For patient or clinical information processed on behalf of a healthcare organization, contact that organization directly. Lind AI will refer requests to the relevant customer or assist it as required. Account access removal does not itself delete patient information or end a Customer Agreement.
8.3 Processing User Information
You may submit information only when authorized to do so. Lind AI processes Website and business-contact submissions for the purposes described in the Privacy Policy. Customer data processing is governed by the Customer Agreement, authorized customer instructions, and applicable law. These Terms and an individual workforce user's acceptance of them do not grant Lind AI additional rights to use customer data.
Where a Customer Agreement permits, Lind AI may use customer data to improve the Platform. The permitted purpose, data, and scope vary by customer. Any use beyond delivering that customer's services must be authorized under the Customer Agreement and customer instructions and comply with applicable law, including any requirements for protected health information ("PHI"). Use of aggregated or de-identified information is also subject to the Customer Agreement and applicable law. This provision does not amend a Customer Agreement or replace any required permission or consent.
8.4 Representations and Warranties
By submitting User Information through the Services, you represent and warrant that:
- (a) You have the necessary authority, rights, and permissions to submit the User Information for the processing described in Section 8.3, including any consent required by applicable law;
- (b) Your User Information does not violate the privacy rights, publicity rights, intellectual property rights, or other rights of any third party;
- (c) Your User Information is accurate and not misleading, and does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.
8.5 Responsibility for Your User Information
You are responsible for ensuring that your submissions and use of information are authorized; the Customer Agreement governs the allocation of responsibilities for customer data. Lind AI does not endorse any User Information or any opinion, recommendation, or advice expressed therein.
We may address submissions that violate these Terms or applicable law. Any access to, review of, or removal of customer data remains subject to the Customer Agreement, authorized customer instructions, and applicable law.
You agree to cooperate with us in responding to any claims or inquiries related to your User Information, including providing any information we may reasonably request.
8.6 Consumer Health Data
Our Washington Consumer Health Data Privacy Policy describes our handling of consumer health data that Lind AI controls under Washington's My Health My Data Act and the rights that apply to that information. For data controlled by a healthcare customer, the customer's notice, our Customer Agreement, and applicable law govern. These Terms do not waive applicable privacy rights or replace any required consent or authorization.
9. Conditions of Using the Services
You may use the Website for lawful business and informational purposes. Authorized workforce users may use the Platform only within the scope permitted by their organization and its Customer Agreement. All use must comply with applicable law and these Terms.
As a condition to using the Services, you agree that you will not:
- (a) Use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity;
- (b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (c) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- (d) Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means;
- (e) Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
- (f) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of any part of the Services;
- (g) Modify, adapt, translate, or create derivative works based on the Services or any part thereof;
- (h) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;
- (i) Use the Services to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- (j) Use the Services to collect, access, or disclose personal data without appropriate authorization and a lawful basis;
- (k) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services.
10. Customer Agreements and Commercial Terms
Fees, the scope of Platform services, and other commercial terms are set out in the applicable Customer Agreement. The public Website does not create a patient enrollment or referral arrangement, and a demo request does not establish a Platform account or a Customer Agreement.
11. Ending this Agreement
You may stop using the Website at any time. Authorized Platform users should ask their organization's administrator to remove access when it is no longer needed. Closing an individual account or ceasing use does not terminate the healthcare customer's agreement or automatically delete customer data.
Termination or suspension of contracted Platform services, and return, retention, or deletion of customer data, follow the Customer Agreement, including any BAA, authorized customer instructions, and applicable law. Where a BAA requires return or destruction of PHI at termination, Lind AI will do so where feasible. If return or destruction is infeasible, applicable protections continue and further uses and disclosures remain limited to the purposes making return or destruction infeasible.
Lind AI may restrict Website access for misuse or a breach of these Terms. Any restriction of customer Platform access remains subject to the Customer Agreement and applicable law. Provisions that by their nature survive termination, including ownership, confidentiality, warranty disclaimers, indemnity, and limitations of liability, will continue to apply within their respective scope.
12. Warranties and Limitations of Liability
This section applies subject to applicable law and does not replace the warranties, service commitments, remedies, or liability terms in a Customer Agreement.
12.1 Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIND AI NOR ANY PERSON ASSOCIATED WITH LIND AI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LIND AI NOR ANYONE ASSOCIATED WITH LIND AI REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, LIND AI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
12.2 Limitations of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LIND AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, 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; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIND AI FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID LIND AI, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT LIND AI HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
13. Indemnity
Subject to applicable law and the Customer Agreement, you agree to defend, indemnify, and hold harmless Lind AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- (a) Your violation of these Terms;
- (b) Your use of the Services, including but not limited to your User Information, any use of the Website's content, services, and products other than as expressly authorized in these Terms;
- (c) Your use of any information obtained from the Services;
- (d) Your violation of any applicable law, rule, or regulation.
14. Dispute Resolution
This section governs disputes under these Terms, subject to applicable law. Disputes governed by a Customer Agreement follow that agreement's dispute-resolution provisions.
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Miscellaneous Terms
15.1 Waiver and Severability
No waiver by Lind AI of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lind AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
15.2 Entire Agreement
These Terms constitute the agreement governing Website use and supplement authorized Platform use only within the scope described in Section 1. They do not supersede or amend a Customer Agreement. Our Privacy Policy and Washington Consumer Health Data Privacy Policy describe our information practices within their respective scopes.
15.3 Your Comments and Concerns
This Website is operated by Lind AI, Inc. For technical support, inquiries, complaints, or disputes, visit our Support page or email support@lind.care. Direct privacy questions, privacy-rights requests, and appeals to privacy@lind.care. Please do not include patient information or medical details in ordinary email.