Terms of Use

5 Health Pte Ltd ("5 Health," "we," "our," or "us") provides Services (as defined below) to Customers (as defined below) through the Bot MD Interface (as defined below) or Third Party Bot MD Messaging Platforms (as defined below).

The Customer is paying for you (i.e. Patient-Users (as defined below) and/or Clinical-Users (as defined below)) to use the Services. This account registration is based on the contact information and work-registered email address and/or mobile number that the Customer provides to us. Only the Customer will open an account with us. Patient-Users and Clinical-Users will not open an account with us but may create profiles to access the Services.

Patient-Users or Clinical-Users may access the Services either via the Bot MD Interface or Third Party Messaging Platforms. Patient-Users interact on the Bot MD Interface via messaging or chat channels, while Clinical-Users access the Bot MD Interface through web-based interfaces.

By using the Services or the Bot MD Interface, you agree to be bound by these Terms of Use, where applicable.

In this Terms of Use, the following defined terms shall have the meanings set out below:

Other terms used in this Terms of Use shall have the meanings given to them in the MSA or Privacy Policy (where the context so permits).

The Customer is required to register an account in order to access and use the Services. This account registration is based on the information that you provide to us. You are fully responsible for the activities of your account and maintaining the confidentiality of account access information. In using the Services, you agree to immediately notify us of any compromise to your account access information or any other breach of security. We are not liable for your failure to maintain the security of your account access information.

The Customer is paying for you, the User, to use the Services. You are required to register a profile in order to access and use the Services. This profile registration is based on the contact information (e.g. email address) that the Customer provides to us. You are fully responsible for the activities of your profile and maintaining the confidentiality of profile access information. In using the Services, you agree to immediately notify us and the Customer of any compromise to your profile access information or any other breach of security. We are not liable for your failure to maintain the security of your profile access information.

Users can stop using the Services at any time by notifying the Customer of your decision to stop access and your profile will be deleted by 5 Health or the Customer. A Customer who intends to terminate the Services must provide notice to 5 Health in accordance with the terms of the MSA.

We can also terminate or suspend a User's access to the Services at any time and for any reason whatsoever by providing notice to the Customer.

If your use of the Services comes to an end, whether as a result of your notice to the Customer or at our discretion, 5 Health reserves the right to delete the contents associated with your profile or use of the Services, including any queries, responses, feedback, ideas or information transmitted through the Services or the Bot MD Interface without further notice to you. You agree to waive all rights to any claims against us and to hold us harmless from all loss or damage arising therefrom, including the loss of your right to use the contents associated with your profile.

Notwithstanding the foregoing, we may retain some of your information and the content provided in order to allow other Users to make full use of or to allow for continuity in the Services.

By using the Bot MD Interface, you also agree to comply with the terms of services of the Third Party Messaging Platforms.

We are not responsible for the availability, security or functionality of the Third Party Messaging Platforms. Message delivery is also subject to each platform's control and may not be guaranteed. If any of the Third Party Messaging Platforms suspends or changes its services, Services may be affected without liability to us.

When using the Services, you must conduct yourself properly and appropriately having regard to all applicable ethical, legal, and professional requirements and duties. We and the Customer reserve the right to terminate or suspend your use of the Services where we or they believe the circumstances warranted the termination or suspension. Without limiting the terms above, you agree in particular to abide by the following requirements and restrictions in relation to the Services.

You will:

1. Comply with all applicable laws and governmental regulations, including, but not limited to, all privacy, patient care, intellectual property, and export control laws and regulations, and with all applicable rules and policies of the Customer.
2. Treat other individuals with respect when interacting through the Services.
3. Obtain (or make sure the Customer has obtained) all required consents, authorizations, and permissions to upload or otherwise provide data to the Services.
4. Use the Services only in connection with your relationship with the Customer.
5. Maintain the confidentiality of all information in accordance with the Customer's confidential information sharing policy; and upon receiving any information in an unauthorized manner or form, immediately inform the Customer of the same.

You will NOT:

1. Falsely state or otherwise misrepresent your affiliation with the Customer, or other entity.
2. Falsely assume the identity of any person or entity or allow another person or entity to access your profile or assume your identity.
3. Violate any applicable laws or the rights of another person, including but not limited to privacy, publicity, and intellectual property rights.
4. Collect information or other personal information of others through the Services by any means for the purposes of sending unsolicited communications.
5. Advertise or offer to sell or buy any goods or services or perform any other form of solicitation not expressly authorized by the Customer or 5 Health. Promote or assist any criminal or unethical activity or enterprise.
6. Obtain or attempt to access or otherwise obtain any information, confidential or otherwise, through any means not intentionally provided through the Services.
7. Defame or libel 5 Health, its shareholders, directors, employees, or other persons or act in a way that brings into disrepute the good name of 5 Health or the Services or the Customer.
8. Upload files that contain viruses or that may otherwise cause damage to the data, systems, or other property of 5 Health or of other persons.
9. Bypass or disable any robot exclusion files or headers used by the Services.
10. Attempt to gain unauthorized access to any portion or feature of the Services or any 5 Health systems or networks, or probe, scan, or test the vulnerability of the Services or any associated network, or breach the security or authentication measures of the Services.
11. Access the Services through any means other than the interface(s) provided by us or the Customer, or use any means to scrape or mine any data or other content associated with any of the Services.
12. Use the Services in order to build, train, or test a similar or competitive product or service.
13. Post or transmit to or through the Services any unauthorized material, including but not limited to material that in our, or the Customer's, opinion is likely to cause annoyance or harassment, is detrimental to or in violation of 5 Health's or any third party's systems or network security, or is libelous, defamatory, racist, obscene, discriminatory, threatening, violent, hateful, pornographic, profane, or unlawful.

The Services constitute, contain, and are powered by our proprietary software, algorithms, and other intellectual property. You agree not to license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our intellectual property, in whole or in part. You also agree not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer our intellectual property, in whole or in part. You will not remove or destroy any copyright notices or other proprietary markings on the Services or platform or their output.

The Customer is authorised to access and use the Services as outlined in the Service Order Form and/or MSA. The Customer may allow Users to exercise those rights (while they remain in effect) on the Customer's account. However, Users do not receive any separate or additional rights from 5 Health under the MSA or these Terms of Use. We reserve all other rights to our intellectual property.

The Customer retains any ownership or other rights it may have with respect to any data it makes accessible to you through the Services unless they expressly told you otherwise. Subject to our Privacy Policy (where applicable), the queries received from you and the responses returned by or through the Services, as well as aggregated and statistical data derived from the use of the Services, may be retained and used by us for any lawful purpose, including but not limited to the development and improvement of our products, including the Services.

For more information about how we protect your privacy and data, please refer to the MSA and our Privacy Policy.

The Services may rely upon, contain, or provide you with data or other content furnished by the Customer or third parties (collectively referred to below as "other parties"), and/or links to sites or resources furnished by other parties. We are not responsible for the availability of data, content, sites or resources provided by other parties, and we do not endorse and are not responsible or liable for any content, guidelines, advertising, products, services, or other materials furnished by other parties and incorporated into or made accessible through the Services, or that are advertised on or available from other parties' sites or resources. We are not a party to, nor are we responsible for, any transactions or relationships between you and any other party.

5 Health endeavours to keep the Bot MD Interface available for Users and to maintain saved information. We also endeavour to provide the Customer with advanced notice of scheduled unavailability due to maintenance or other events. However, we shall not be liable to Users for any lost, altered, or corrupted information or non-availability of the Services, with or without warning from us. We do our best to ensure that Bot MD Interface is a secure and reliable platform. However, we do not guarantee that the Services or use of the Bot MD Interface will be 100% secure and free from bugs or any security vulnerabilities.

As between the Customer and 5 Health, all disclaimers and limitations of liability are governed under the terms of the respective Order Form and MSA. Any dispute arising between 5 Health and the Customer shall be governed by the Dispute Resolution mechanism found within the MSA.

As between the Users and 5 Health, the Services are provided "as is" with all faults, and to the fullest extent permitted under applicable law, we disclaim all representations, warranties, and conditions, whether express, implied, statutory, or otherwise arising (including any implied warranties of merchantability, suitability, accuracy, functionality, reliability, availability of any function or feature or features, fitness for a particular purpose, title and non-infringement, and warranties). 5 Health does not warrant that the Services are error free or will meet Users' requirement. In no event will we be liable to you for any incidental, consequential, or other indirect damages.

5 Health has no obligation to monitor the access to or use of the Bot MD Interfaces or Third Party Bot MD Messaging Platforms or any other third-party applications by any User, or to review, disable access to, or edit any content (including AI-generated content), such as text, photos, audio, video, or other materials and information created, uploaded, posted, sent, received and stored on or through the Bot MD Interfaces or Third Party Bot MD Messaging Platforms or any third-party applications ("User content"), but may do so (at its discretion) to: (a) operate, secure and improve the Services or Bot MD Interfaces (including for fraud prevention, improving accuracy, risk assessment, investigation and customer support purposes); (b) ensure Customer's compliance with the Agreement; (c) comply with any applicable law or the order or requirement of a court of competent jurisdiction, law enforcement or other administrative agency or governmental body or the terms and conditions of use of any Third Party Bot MD Messaging Platforms; or (d) respond to User content that it determines is or likely to be unlawful, harmful or objectionable. Customer agrees to cooperate with and assist 5 Health in good faith, and to provide 5 Health with such information and take such actions as may be reasonably requested by 5 Health with respect to any investigation undertaken by 5 Health or a contractor or representative of 5 Health regarding the use or misuse of the Bot MD Interfaces. Where the Services generate or deliver content to Users without prior review by a licensed medical professional, Customer acknowledges that such content is produced by automated systems and does not constitute medical advice, diagnosis, or treatment. 5 Health makes no warranty as to the accuracy, completeness, or suitability of any output of the Services, whether generated autonomously or reviewed or corrected by Customer (where applicable). Customer assumes all responsibility for the clinical appropriateness of its use of the Services.

The Services are for the use of clinical professionals authorized by the Customer and are not a replacement for experienced clinical or professional judgment. We assume that our Clinical-Users are able to exercise sound medical judgment. AI-generated outputs may not always be truthful, complete, accurate, adequate, reasonable, reliable or current, and may reflect biases. Clinical-Users remain responsible for validating outputs before publishing them. Never do something just because the Bot MD Interface provides an answer, score or result—especially if you think it may be incorrect or unsafe. The Services do not constitute or provide, nor are they intended to be or provide, medical evaluations, diagnoses, examinations, advice, consultation or treatment. 5 Health is not responsible for the medical outcomes of any User, patient, or any other individual. 5 Health cannot and will not be held legally, financially, or medically responsible for decisions made using the Services or any associated content, data, clinical tools, equations, algorithms, or resources.

To the fullest extent permitted under applicable law: (a) you agree to bring any legal claims against us or our affiliates or representatives solely on an individual basis, and (b) you waive any rights to initiate, maintain, or participate in any representative proceedings or similar proceedings against us or our affiliates or representatives, whether as a representative, as a class member, or in any other capacity.

We may modify these Terms of Use at any time upon notice to you or your organization or institution, or by posting the modified version online so that it is readily accessible through the Services, and your continued use of the Services will constitute your acceptance of the modified Terms of Use in full. Please check regularly so you are aware of the most recent version (as indicated by the "Last Revised" date above).

You acknowledge and agree that we may provide notices and other disclosures to you electronically (with the same effect as a paper copy) and at our discretion, choose to provide notifications either in the Services, or by posting on our website, or by emailing you at any email address provided to us by you or the Customer. You also agree that we may record any communications that you have with us (by telephone, email, text, or otherwise) and that the recordings may be kept and used for training and support purposes, for product or service development purposes, as a record of your interactions with us, and as evidence in any legal or arbitration proceedings related to you that may occur.

In the event of any dispute or disagreement arising between 5 Health and you in relation to this Terms of Use or the rights and obligations of the parties hereunder ("Dispute"), you shall, in good faith, meet and discuss the Dispute with 5 Health, and the parties shall use their best endeavours to amicably resolve the same.

Any Dispute which cannot be resolved in the manner specified in the previous paragraph, arising out of or in connection with these Terms of Use shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, and which rules are deemed to be incorporated by reference into these Terms of Use.

These Terms of Use, and its subsequent variations shall be deemed to be made in the Republic of Singapore and shall be subject to, governed by and interpreted in accordance with the laws of the Republic of Singapore for every purpose, without regard to any conflicts-of-laws rules to the contrary.

The right of access to the Services is personal to the User. You may not transfer your access rights to the Services to any other person, nor may you assign or delegate any of your rights or obligations under these Terms of Use. No waiver by us of any rights or remedies under these Terms of Use will be effective unless made in writing and signed by our authorized representative. A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of these Terms of Use.

Unless otherwise specified, the Agreement constitute the entire agreement between the parties concerning the subject matter hereof. All prior oral or written understanding, commitments, contracts or representations relating to the subject matter of the Agreement respecting the subject matter hereof are void. To the fullest extent permitted by law, all terms, warranties, or conditions implied by law or by custom or course of dealing are also excluded.

If any term or condition or provision of this Terms of Use or the application of any such term, condition or provision shall be held by a court of competent jurisdiction to be wholly or partly invalid, illegal, or unenforceable or a violation of any applicable law, statute or regulation of any jurisdiction, in any respect, the same shall be deemed to be deleted from the Terms of Use and shall be of no force and effect, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, provided that the intent of the parties in entering into the Terms of Use is not materially affected thereby.

Should you have any further questions about these Terms of Use, please feel free to write to us at support@botmd.io and we can put you in touch with the Customer's administrative representative.

If you are a User, this will include issues with registering or logging on, or for feature requests and reporting technical bugs. You may also provide us with any feedback you may use the Give Feedback Form within the Bot MD Interface or by contacting our loyalty team at support@botmd.io.

We welcome your feedback on the Services. Before you do, you should know that we will be free to use (or not use) any suggestions, ideas, and other feedback you provide, without any compensation or other obligations to you. By providing your feedback, suggestions and ideas, you agree to irrevocably assign to us all rights, title, and interest in and to such feedback, suggestions and ideas. However, you are under no obligation to provide any feedback to us.