The terms of using MDcipher

These Terms of Use are an agreement between you and MDcipher, LLC, a Pennsylvania limited liability company with its registered office at 82 Rock Haven Ct, Reading, PA 19606-8942 (“MDcipher,” “we,” “us”), governing your use of the MDcipher application and services. By creating an account or using MDcipher, you agree to these terms and to our Privacy Policy. If you do not agree, do not use the service.

MDcipher is a personal health-record platform: a place to store, organize, and understand your own medical history, medications, test results, health logs, and documents, with optional AI-powered features to help you log, import, and make sense of your records.

MDcipher is not a medical service. It does not provide medical advice, diagnosis, or treatment, and nothing in the app — including responses from the AI assistant — is a substitute for the judgment of a qualified healthcare professional. Always consult your care team about medical decisions, and never delay seeking care because of something you read in MDcipher. If you are experiencing a medical emergency, call your local emergency number immediately.

You must be an adult with the legal capacity to enter into this agreement to create an account. Sign-in is handled by Microsoft Entra; you are responsible for safeguarding access to the email account and credentials you sign in with, and for all activity that occurs under your account.

MDcipher is offered only to individuals located in the United States. By creating an account, you represent that you are accessing and using the service from within the United States.

You may add profiles for children or other dependents only if you are their parent, legal guardian, or otherwise legally authorized to manage their health information, and you confirm this when creating each profile. You are responsible for the accuracy of that attestation.

By creating an account, you represent that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement. MDcipher does not knowingly permit anyone under the age of eighteen (18) to create or independently use an account, and a minor may not agree to these terms or hold an account of their own. As described above, a minor's health information may only be added to MDcipher through a profile created and maintained by their parent or legal guardian under the guardian's own account.

If we learn that a minor has created or is independently using an account — including by misrepresenting their age to do so — we will suspend or terminate that account, and, to the fullest extent permitted by law, MDcipher disclaims liability for any harm resulting from that circumvention. Parents and guardians are responsible for supervising a minor's access to app stores and mobile devices to prevent independent account creation.

• You retain ownership of the health information and documents you add to MDcipher. You grant us only the limited rights needed to operate the service for you, as described in the Privacy Policy.
• You are responsible for the accuracy of the information you enter, upload, or import, and for only adding records you have the right to manage.
• Records imported from a connected patient portal or extracted from documents are processed automatically and may contain errors — review them against the original source before relying on them.

You agree not to:

• use MDcipher to store or manage another person's health information without legal authority to do so;
• attempt to access accounts, profiles, or records that are not yours, or probe, disable, or interfere with the security of the service;
• use automated means to access the service, or copy, resell, or redistribute it;
• use the service in violation of any applicable law.

Core record-keeping features are free. AI-powered features require a subscription upgrade, billed per profile, on a monthly or annual basis. Subscriptions renew automatically until canceled. Subscriptions are billed either through our payment processor, Stripe, or, on iOS, through Apple's in-app purchase system, as described below. For a Stripe subscription, you can cancel at any time from the billing portal in your account; cancellation takes effect at the end of the current billing period. Prices may change with notice before your next renewal. Where offered, free trials are limited to one per person.

Payments on iOS. On an iPhone or iPad, you may subscribe either through the App Store's in-app purchase system or through Stripe Checkout within the app; the app will show you which option applies. If you use the App Store's in-app purchase system, Apple acts as the merchant of record for that purchase, Apple's own App Store Terms of Service govern the transaction, and you manage, change, or cancel that subscription through your Apple ID account settings rather than the billing portal described above. If you use Stripe Checkout on iOS, your subscription is billed and managed the same way as a web or Android subscription, through the billing portal in your account.

Refunds. For subscriptions billed through Stripe (web, Android, or Stripe Checkout on iOS), monthly subscriptions are non-refundable; canceling a monthly subscription stops future renewals but does not refund the current billing period. Annual subscriptions are refundable on a pro-rated basis for the outstanding, unused months remaining in the annual term as of the date of cancellation. For subscriptions billed through Apple's in-app purchase system (iOS), refunds are handled entirely by Apple under its own policies; refund requests must be submitted to Apple, not to MDcipher.

MDcipher connects to services we do not control — including Microsoft Entra for sign-in, Stripe for billing on web, Android, and iOS, Apple's App Store for in-app purchase billing on iOS, and the patient portals you choose to connect (such as Epic MyChart). Your use of those services is governed by their own terms, and we are not responsible for their availability or the accuracy of the records they provide.

MDcipher uses Microsoft Azure OpenAI to power the AI assistant, document processing, and related features. This is the same disclosure given in the HIPAA Privacy Notice you accept on first sign-in, repeated here:

IMPORTANT — PLEASE READ: WHEN YOU USE THE AI ASSISTANT, UPLOAD A DOCUMENT, OR IMPORT RECORDS, THE CONTENT INVOLVED — INCLUDING YOUR CHAT MESSAGES, INFORMATION FROM YOUR HEALTH RECORDS, AND THE FULL TEXT OF DOCUMENTS YOU UPLOAD — IS SENT TO MICROSOFT AZURE OPENAI FOR PROCESSING. MICROSOFT MAY RETAIN THIS CONTENT FOR UP TO 30 DAYS, AND AUTHORIZED MICROSOFT PERSONNEL — WHO ARE NOT YOUR HEALTHCARE PROVIDERS AND ARE NOT PART OF MDCIPHER — MAY REVIEW IT AS PART OF MICROSOFT'S ABUSE-MONITORING PROCESS. THIS MEANS HEALTH INFORMATION YOU SEND TO THE ASSISTANT, OR CONTAINED IN DOCUMENTS YOU UPLOAD, MAY BE SEEN BY A MICROSOFT REVIEWER. MICROSOFT IS CONTRACTUALLY REQUIRED TO KEEP THIS INFORMATION CONFIDENTIAL, TO USE IT ONLY TO REVIEW FOR MISUSE OF THE SERVICE, AND NOT TO USE IT TO TRAIN ANY AI MODEL. BY ACCEPTING THIS NOTICE OR THESE TERMS, YOU CONSENT TO THIS POSSIBLE THIRD-PARTY REVIEW OF YOUR HEALTH INFORMATION.

The MDcipher application, including its design, features, and branding, belongs to MDcipher and its licensors. These terms do not grant you any rights to use our trademarks or to reuse the service's software or content outside the app, except as the service is intended to be used.

You can stop using MDcipher and delete individual profiles or your entire account at any time from within the app; deletion permanently removes the associated health records as described in the Privacy Policy. We may suspend or terminate access that violates these terms or threatens the security of the service, and we will notify you when we do unless the law prevents it.

MDcipher is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that AI-generated content, text extracted from documents, or records imported from patient portals will be accurate or complete.

To the fullest extent permitted by law, MDcipher will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data arising from your use of the service. Our total liability for any claim arising out of these terms or the service is limited to the amount you paid us in the twelve months before the claim arose. Nothing in these terms limits liability that cannot be limited by law.

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Any proceeding arising out of or relating to this Agreement shall be instituted exclusively in the Court of Common Pleas of Berks County, Pennsylvania, or a federal court sitting in this Commonwealth, and each party irrevocably submits to the exclusive jurisdiction of such courts.

The user hereby waives, with respect to any dispute: (i) the right to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; and (ii) the right to join or consolidate claims with claims of any other person.

Survival. The expiration or termination of this Agreement shall not affect such of the provisions hereof as expressly provide that they will operate after any such expiration or termination, or which by their nature are intended to survive termination. Without limiting the generality of the foregoing, all provisions relating to indemnification, confidentiality, dispute resolution, and any outstanding payment obligations incurred prior to termination shall survive the expiration or termination of this Agreement for the maximum period permitted under the applicable Pennsylvania statute of limitations.

Severability. If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable under applicable law, the remainder of this Agreement shall not be affected thereby. Each term, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by the laws of the Commonwealth of Pennsylvania. It is the explicit intent of the parties that if any provision is found invalid by a court of competent jurisdiction (including the Berks County Court of Common Pleas), such provision shall be modified only to the minimum extent necessary to make it valid and enforceable, preserving the original economic and legal intent of the parties.

Assignment. Neither party may assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted assignment or delegation in violation of this Section shall be null and void. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their respective permitted successors and assigns.

Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's reasonable control. Triggering events include, but are not limited to: acts of God; flood, fire, earthquake, or other natural disasters; war, invasion, or hostilities; government orders, laws, or actions; national or regional emergencies; pandemics or public health crises; and strikes or labor disputes. The impacted party shall give prompt written notice within five (5) business days of the Force Majeure event to the other party, stating the period of time the occurrence is expected to continue, and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure event.

If we make material changes to these terms, we will update the date above and notify you in the app before the changes take effect. Continuing to use MDcipher after changes take effect means you accept the updated terms.

Questions about these terms? Contact us at legal@mdcipher.app.