Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, platform, and services provided by Porcupine LLC ("Porcupine," "we," "us," or "our"), including our medical imaging AI pipeline tools, APIs, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use our Services.

1. Eligibility

You must be at least 18 years of age to use our Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. Platform features involving medical imaging analysis are intended for use by licensed healthcare professionals and authorized institutional users.

2. Description of Services

Porcupine LLC provides medical imaging AI pipeline tools designed to assist healthcare professionals with image processing, analysis, and clinical decision support. Our Services include intelligent image acquisition assessment, multi-modal fusion, anomaly detection, pipeline orchestration, and clinical analytics.

Our platform is intended to serve as a clinical decision support tool to assist qualified healthcare professionals. It is not a standalone diagnostic device unless explicitly designated as such under applicable regulatory clearances.

3. User Accounts

To access certain features of the Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

4. Permitted Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. Specifically, you agree to:

• Use the Services in compliance with all applicable federal, state, and local laws, including HIPAA, FDA regulations, and state privacy laws
• Ensure that any Protected Health Information uploaded to or processed through the platform is handled in accordance with a valid Business Associate Agreement
• Use AI-generated outputs only as supplementary decision support, subject to independent professional clinical judgment

5. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful, fraudulent, or harmful purpose
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software or algorithms used in the Services
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or systems connected to the Services
• Use the Services or any outputs to train, develop, or improve competing AI or machine learning models
• Upload or transmit viruses, malware, or any other malicious code
• Share your account credentials with unauthorized third parties
• Circumvent, disable, or interfere with any security features of the Services
• Redistribute, sublicense, or resell the Services without our prior written consent
• Upload data without proper authorization or in violation of applicable privacy laws

6. Medical Disclaimer

The Services are not a substitute for professional medical judgment, diagnosis, or treatment. AI-generated outputs, analyses, and recommendations produced by our platform are intended to assist, not replace, qualified healthcare professionals. Important considerations:

• Porcupine LLC does not practice medicine and is not a licensed healthcare provider
• All AI-generated outputs must be independently reviewed and validated by a qualified healthcare professional before any clinical action is taken
• Users who are healthcare professionals retain full clinical responsibility for all patient care decisions
• The accuracy, completeness, and clinical utility of AI-generated results cannot be guaranteed and may be affected by image quality, patient variability, and other factors
• In the event of a medical emergency, contact your local emergency services immediately

7. Intellectual Property

All content, software, algorithms, models, trademarks, logos, and other intellectual property associated with the Services are owned by or licensed to Porcupine Medical Research, Inc. and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. This license does not include the right to modify, copy, distribute, or create derivative works based on our intellectual property.

8. User Content and Data

You retain ownership of any data, including medical images and associated information, that you upload to or process through the Services ("User Content"). By using the Services, you grant us a limited license to process, store, and analyze your User Content solely for the purpose of providing the Services to you.

You represent and warrant that you have all necessary rights, consents, and authorizations to upload and process any User Content, including any required patient authorizations under HIPAA and applicable state law.

We may use de-identified or aggregated data derived from the Services for research, product improvement, and benchmarking purposes, in compliance with HIPAA de-identification standards (Safe Harbor or Expert Determination methods). De-identified data cannot be used to identify any individual.

9. Privacy and HIPAA Compliance

Our collection and use of personal information is governed by our Privacy Policy. When processing PHI on behalf of covered entities, we comply with HIPAA and enter into Business Associate Agreements as required. Please review our HIPAA Notice for additional information about our privacy practices regarding health information.

10. Fees and Payment

Access to certain features of the Services may require payment of fees. Applicable fees, billing cycles, and payment terms will be communicated to you at the time of purchase or subscription. All fees are non-refundable unless otherwise specified in a separate written agreement. We reserve the right to change our fees upon reasonable advance notice.

11. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary and confidential information disclosed in connection with the Services. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. NO WARRANTY IS MADE REGARDING THE ACCURACY OR RELIABILITY OF ANY AI-GENERATED OUTPUT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORCUPINE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Porcupine LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your misuse of the Services
• Your violation of applicable laws or regulations
• Clinical decisions made based on AI-generated outputs
• Your User Content, including any unauthorized upload of PHI
• Any third-party claims related to your use of the Services

15. Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms or for any other reason with reasonable notice. You may terminate your account at any time by contacting us. Upon termination:

• Your right to access and use the Services will cease immediately
• We will retain your data as required by applicable law and our data retention policies
• You may request export of your User Content prior to termination
• Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and dispute resolution) will remain in effect

16. Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a revised effective date and, where appropriate, by notifying you via email. Your continued use of the Services after any changes constitutes acceptance of the modified Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

YOU AND PORCUPINE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable BAA, constitute the entire agreement between you and Porcupine LLC regarding the Services
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from events beyond reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures

19. Contact Us

If you have questions about these Terms of Service, please contact us:

• Porcupine LLC
• Email: [email protected]