Cognisnap

Smarter Medicine in a Snap

Terms and Conditions

Last updated: November 17, 2024

Welcome to Cognisnap.ai (the “Website”), operated by Cognisnap, LLC (“Cognisnap,” “we,” “us,” or “our”). These Terms and Conditions (“Agreement”) govern your access to and use of our Website and services (“Services”). By accessing or using our Website and Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Website or Services. By accessing and using the Website and Services, you represent that you have the legal capacity to enter into a binding contract with Cognisnap.

1. Acceptance of Terms

By accessing, browsing, or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any additional guidelines, policies, or disclaimers referenced herein. We reserve the right to modify this Agreement at any time, and such modifications shall be effective immediately upon posting. Your continued use of the Website or Services constitutes your acceptance of the modified Agreement.

By using our Website and Services, you agree to the terms of our Privacy Policy, which is incorporated into this Agreement by reference. Our Privacy Policy provides details about how we collect, use, and disclose your personal information.

2. Disclaimer Regarding Medical Advice

2.1 Informational Purposes Only

Cognisnap provides general information and discussion about medicine, health, and other subjects. The content provided on our Website, and in any linked materials, is for informational, educational, or entertainment purposes only and is not intended to constitute professional advice, diagnosis, or treatment.

2.2 No Physician-Patient Relationship

Your use of the Website or Services does not create a physician-patient relationship or any other professional relationship between you and Cognisnap or any of its employees, agents, or affiliates. The content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified provider with any questions you may have regarding a personal condition.

2.3 Emergency Situations

Never disregard professional advice or delay in seeking it because of something you have read on our Website or through our Services. If you think you may have a medical emergency, call your doctor or emergency services immediately.

2.4 Oversimplification

The content provided may oversimplify certain medical concepts and should not be relied upon as a comprehensive or complete representation of medical knowledge. Users should consult professional sources for detailed information.

2.5 No Legal or Financial Advice

The content provided on our Website is for informational purposes only and should not be construed as legal or financial advice. Always seek the advice of a qualified professional with any questions you may have regarding legal or financial matters.

3. User Eligibility

3.1 Age Restriction

Our Website and Services are intended for use by individuals who are at least 18 years old. By accessing or using our Website and Services, you represent and warrant that you are at least 18 years of age.

3.2 Healthcare Professionals

Our Website and Services are intended exclusively for adults who are professionals in the healthcare industry. By accessing or using our Website and Services, you represent and warrant that you are engaged in the healthcare field.

The Website and Services are not intended for use by non-healthcare professionals or individuals under the age of 18. If you are not a healthcare professional or are under 18, please do not use our Website or Services.

4. Intellectual Property Rights

4.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and other materials (collectively, the “Content”), is the property of Cognisnap or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All rights not expressly granted herein are reserved by Cognisnap.

4.2 License

Subject to your compliance with this Agreement, Cognisnap grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Services for your personal, non-commercial use.

4.3 Restrictions

You agree not to reproduce, duplicate, copy, sell, resell, distribute, transmit, broadcast, display, modify, create derivative works of, or exploit any portion of the Content without the express written permission of Cognisnap.

4.4 Third-Party Content

Certain content on the Website may include or reproduce materials from third-party sites (“Third-Party Content”) with their permission. Such Third-Party Content is subject to the terms and conditions of the originating site, which may have terms that are more or less restrictive than those set forth in this Agreement.

  • Compliance with Third-Party Terms: By accessing or using any Third-Party Content on our Website, you agree to comply with the applicable terms and conditions of the originating site in addition to the terms of this Agreement.
  • No Modification of Third-Party Content: You agree not to modify, alter, or create derivative works of any Third-Party Content unless expressly permitted by the terms of the originating site.
  • Disclaimer of Liability: Cognisnap disclaims any responsibility or liability for your misuse of Third-Party Content. It is your responsibility to review and comply with the terms and conditions of any third-party site from which content is reproduced.
  • Conflicts Between Terms: In the event of a conflict between the terms governing Third-Party Content and this Agreement, the terms of the originating third-party site shall control solely with respect to the Third-Party Content.

4.5 DMCA Notification of Claimed Infringement

4.5.1 Respect for Intellectual Property

Cognisnap respects the intellectual property rights of others and expects users of our Website and Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Cognisnap also may, in its sole discretion, limit access to the Website and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4.5.2 DMCA Notification of Claimed Infringement

If you believe that any content on our Website infringes your copyright, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cognisnap to locate the material.
  3. Information reasonably sufficient to permit Cognisnap to contact you, such as an address, telephone number, and, if available, an email address.
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. Your physical or electronic signature.

Please submit your DMCA notice to our Designated Copyright Agent at:

Designated Copyright Agent: Copyright Manager, Cognisnap, LLC

Mailing Address: 6412 E Sun Cir, Tucson, AZ- 85750

Telephone Number: 2245958375

Email Address: support@cognisnap.ai

4.5.3 Counter-Notification

If you believe that your User-Generated Content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent with the following information (see 17 U.S.C § 512(g)(3) for further detail):

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Cognisnap may be found, and that you will accept service of process from the person who provided the original notification of alleged infringement.
  4. Your physical or electronic signature.

4.5.4 Repeat Infringer Policy

Cognisnap has a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Cognisnap may also at its sole discretion limit access to the Website and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4.5.5 Acknowledgment

By complying with these procedures, we ensure that the rights of copyright holders are respected while also providing users with the opportunity to respond to claims of infringement.

5. User-Generated Content

5.1 User accounts

You may be required to create an account to use certain features of our Website and Services. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s username or password at any time. You may not share your account information with anyone else.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and agree not to disclose it to any third party. You are responsible for all activities that occur under your account, whether or not you know about them.

5.2 Content Submission

Our Website and Services may include features that allow users to submit content, including comments, questions, ideas, suggestions, photos, videos, EKGs, other medical images, other medical content, non-medical content, etc. (“User-Generated Content”).

5.3 Responsibility for Content

You are solely responsible for the User-Generated Content you submit, and you represent and warrant that you have all necessary rights and permissions to submit such content.You represent and warrant that any EKGs, medical images, other medical and non-medical content you submit do not contain any Protected Health Information (PHI) or personally identifiable information of any individual.

By submitting EKGs or any medical images or other medical/ non-medical content, you represent and warrant that:

  • You have obtained all necessary consents and permissions.
  • The submitted content does not contain any Protected Health Information (PHI) or personally identifiable information.
  • The content does not violate any applicable laws, regulations, or the rights of any third party.

5.4 Content Guidelines

You agree not to submit any User-Generated Content that is defamatory, fraudulent, obscene, threatening, invasive of privacy, infringing on intellectual property rights, or otherwise unlawful or objectionable.

5.5 License Grant

By submitting User-Generated Content, you grant Cognisnap a perpetual, worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from your User-Generated Content in any media or distribution methods now known or later developed. This license includes the right for Cognisnap to use the submitted EKGs, medical images, and other medical and non-medical content to create derivative works, educational materials, or incorporate them into products or services offered by Cognisnap without any obligation to you. To the extent permitted under applicable law, you hereby waive any moral rights you may have in the User-Generated Content. We are not responsible for any loss, theft, or damage of any kind to any User-Generated Content.

5.6 No Compensation

You acknowledge and agree that you will not be entitled to any compensation for any use of your User-Generated Content by Cognisnap.

5.7 Removal of Content

Cognisnap reserves the right, but is not obligated, to monitor, edit, or remove any User-Generated Content at its sole discretion. We may take any action we deem necessary if we believe a user has violated the Content Guidelines or any other provision of this Agreement, including suspending or terminating the user’s access to the Website and Services. Cognisnap is under no obligation to maintain or provide you with copies of your User-Generated Content, and we may remove or delete such content at any time.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities, including but not limited to:

  • Use the Website or Services for any unlawful purpose or in violation of any local, state, national, or international law.
  • Post or transmit any User-Generated Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Transmit viruses, malware, or any other harmful code.
  • Interfere with or disrupt the operation of the Website or Services.
  • Attempt to gain unauthorized access to any systems, networks, or data.
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website or Services.
  • Harvest or collect information about other users without their consent.
  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website or Services, or that, in our sole discretion, exposes us or our users to any liability, damages, or detriment of any type.

7. Disclaimers and Limitation of Liability

7.1 No Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, either express or implied. Cognisnap disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the content is accurate, complete, reliable, current, or error-free. We assume no liability or responsibility for any errors or omissions in the content. We do not warrant that the Website or Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our Website and Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance.

7.2 Limitation of Liability

To the fullest extent permitted by law, in no event shall Cognisnap, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your access to or use of the website or services, even if advised of the possibility of such damages. In any event, Cognisnap’s total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you, if any, for accessing the website or using the services.

7.3 Assumption of Risk

You understand and agree that you use the Website and Services at your own discretion and risk, and you will be solely responsible for any damages that result from such use.

8. Indemnification

You agree to indemnify, defend, and hold harmless Cognisnap, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use of the Website or Services;
  • Your violation of this Agreement;
  • Your violation of any rights of another;
  • Your User-Generated Content including but not limited to EKGs, medical images , other medical and non-medical content;
  • Your violation of any applicable laws or regulations;
  • Any activity related to your account, whether by you or any other person accessing the Website or Services using your account;
  • Any claims arising from the submission of EKGs or medical images or other medical/ non-medical content, including but not limited to claims that such submissions contain PHI or infringe upon the rights of any third party.

9. Third-Party Links

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. Cognisnap does not endorse, control, or make any representations about these third-party sites or resources. You acknowledge and agree that Cognisnap is not responsible or liable for the content, products, services, or practices of any third-party websites or resources.Your use of third-party websites is at your own risk, and you should review the terms and policies of any third-party site you access.

10. Modification of Terms

Cognisnap reserves the right to modify or replace this Agreement at any time. Any changes will be effective immediately upon posting on the Website. It is your responsibility to review this Agreement periodically for changes. Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Agreement. If you do not agree to the modified terms, you must stop using the Website and Services.

11. Governing Law and Dispute Resolution

11.1 Governing Law

This Agreement and any disputes arising out of or related to the Website or Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

You agree that any action at law or in equity arising out of or relating to this Agreement or your use of the Website or Services that is not subject to arbitration shall be filed only in the state or federal courts located in Tucson, Arizona, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

11.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by binding arbitration in Tucson, Arizona before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. The arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations. The arbitrator shall have the authority to award reasonable attorneys’ fees and costs to the prevailing party. Judgment on the award may be entered in any court having jurisdiction. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.

11.3 Waiver of Jury Trial

You and Cognisnap hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.

11.4 Class Action Waiver

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis.

12. Termination

Cognisnap reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website or Services, with or without notice, for any reason, including, without limitation, breach of this Agreement.

Upon termination of this Agreement, all provisions that by their nature should survive termination shall remain in full force and effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions. The following sections shall survive any termination or expiration of this Agreement: Sections 2 (Disclaimer Regarding Medical Advice), 4 (Intellectual Property Rights), 5 (User-Generated Content), 7 (Disclaimers and Limitation of Liability), 8 (Indemnification), 11 (Governing Law and Dispute Resolution), and any other provisions that by their nature should survive termination.

13. Electronic Communications

By using the Website and Services, you consent to receive electronic communications from Cognisnap. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. Force Majeure

Cognisnap shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Cognisnap’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, natural disasters, war, civil unrest, epidemics, pandemics, governmental actions, or other circumstances beyond its reasonable control.

15. No Third-Party Beneficiaries

This Agreement is between you and Cognisnap. There are no third-party beneficiaries to this Agreement.

16. Notices

Cognisnap may provide notifications to you as required by law or for marketing or other purposes via email to the primary email associated with your account, hard copy, or posting of such notice on the Website. Notices sent by email are deemed received upon sending. Cognisnap is not responsible for any automatic filtering you or your network provider may apply to email notifications.

17. Assignment

Cognisnap may assign or transfer this Agreement, in whole or in part, without restriction. You may not assign this Agreement without Cognisnap’s prior written consent.

18. Headings

The headings in this Agreement are for convenience only and have no legal or contractual effect.

19. Language

It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. In the event that this Agreement is translated into other languages, the English version shall prevail and control in case of any discrepancies or conflicts.

20. Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Website and Services. We make no representations that the Website or Services are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited.

Our Website and Services are controlled and operated from our offices in the United States. We make no representation that the Website or Services are appropriate or available for use in other locations. Those who access the Website or Services from other locations do so at their own risk and are responsible for compliance with local laws.

You agree not to export or re-export any part of the Services, including any software, to any countries or individuals prohibited by United States export control laws.

21. Feedback

Any feedback, comments, or suggestions you may provide regarding Cognisnap or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

22. Relationship of Parties

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cognisnap as a result of this Agreement or use of the Website or Services.

23. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be ineffective to the extent of such invalidity or unenforceability without affecting the remaining provisions of this Agreement.

24. Entire Agreement

This Agreement, along with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Cognisnap regarding your use of the Website and Services and supersede all prior agreements and understandings.

25. Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Cognisnap’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Cognisnap.

26. Contact Information

If you have any questions about this Agreement or need to contact us for any reason, please contact us at:

Email: support@cognisnap.ai

By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Your electronic acceptance of this Agreement has the same effect as physically signing the Agreement.