Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of goelectrokare.com and the ElectroKare cardiac monitoring platform (collectively the "Service"), operated by ElectroKare, Inc. ("the Company," "we," "us," or "our"). ElectroKare, Inc. is a Chicago, Illinois company with offices at 205 North Michigan Avenue, Suite 1400, Chicago, IL 60601. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms apply to visitors to the marketing website and to credentialed healthcare professionals using the clinical monitoring portal. If your cardiology practice has entered a separate subscription agreement with us, that agreement governs any conflict with these Terms with respect to clinical data processing.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• Access to the clinical monitoring portal is limited to licensed healthcare professionals and authorized clinic administrators. You represent that you hold the credentials or authorization required to use the clinical features you access.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• The Service is a clinical decision support tool. It surfaces and prioritizes ECG findings; it does not replace the clinical judgment of a licensed cardiologist. You remain solely responsible for all clinical decisions made using information provided by the Service.

3. Intellectual Property

The Service, including all text, graphics, logos, software, and AI analysis outputs, is owned by ElectroKare, Inc. or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended clinical and administrative purpose.

4. User Content

You are responsible for any content you submit through the Service, including ECG patch data, patient identifiers, and communications submitted via contact or registration forms. You represent that you have all necessary rights and authorizations to submit such content, including any consents required under applicable health privacy laws. You grant the Company a limited license to use, store, and process the content as necessary to provide the Service, generate arrhythmia analysis and alerts, and respond to your inquiries. We do not claim ownership of your clinical data.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ElectroKare, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT AI ARRHYTHMIA CLASSIFICATION RESULTS ARE COMPLETE, ERROR-FREE, OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL REVIEW. THE SERVICE IS NOT FDA CLEARED OR CE MARKED AS A MEDICAL DEVICE.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ElectroKare, Inc. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING CLINICAL DECISIONS MADE IN RELIANCE ON AI-GENERATED ALERTS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100 OR THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless ElectroKare, Inc. from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including applicable health privacy regulations.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Illinois, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and ElectroKare, Inc. each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Illinois, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact