Terms of Service

Effective Date: May 08, 2025

Welcome to omicXchange, a social media platform designed to facilitate discussions about health issues and enable users to share personal health data for community engagement and potential research purposes. These Terms of Service (“Terms”) govern your access to and use of our website, mobile application, and related services (collectively, the “Platform”). By accessing or using the Platform, you (“you” or “User”) agree to be bound by these Terms and our Privacy Statement, which is incorporated by reference. If you do not agree to these Terms, you must not use the Platform.

Given the sensitive nature of health-related content shared on the Platform, we strongly recommend reviewing these Terms carefully.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you confirm that you are at least 16 years old, have the legal capacity to enter into these Terms, and agree to comply with all provisions herein. We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on the Platform or via email. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

2. Platform Purpose and Use

The Platform is intended to provide a space for users to discuss health issues, share personal health data, and engage in community-driven support. You may use the Platform to:

Create and manage a user account.
Post, comment, and participate in health-related discussions.
Upload health data (e.g., medical conditions, symptoms, or documents) for discussion or community feedback.
Access features like private messaging, groups, or forums, subject to your privacy settings.

The Platform is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for medical concerns.

3. User Accounts

a. Account Creation

To access certain features, you must create an account by providing accurate information (e.g., name, email, password). You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

b. Account Responsibilities

You agree to:

Provide truthful and up-to-date information.
Notify us immediately of any unauthorized access to your account at [insert contact email].
Not share your account with others or allow others to access your account.

c. Account Termination

We may suspend or terminate your account at our sole discretion, with or without notice, for reasons including but not limited to:

Violation of these Terms or applicable laws.
Engaging in harmful, abusive, or fraudulent behavior.
Sharing inappropriate or prohibited content.

Upon termination, your access to the Platform will cease, and we may delete your content, subject to our Privacy Statement.

4. User Content

a. Ownership and Responsibility

You retain ownership of the content you post, upload, or share on the Platform, including personal health data, posts, comments, or files (“User Content”). However, you are solely responsible for the accuracy, legality, and appropriateness of your User Content. By sharing User Content, you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, store, display, reproduce, and process your User Content for the purpose of operating the Platform and conducting research, as described in our Privacy Statement.

b. Health Data Risks

Sharing personal health data is voluntary and at your own risk. You acknowledge that:

Health data shared in public or group settings may be visible to other users, depending on your privacy settings.
We are not liable for unauthorized access, misuse, or disclosure of your health data by other users or third parties beyond our reasonable control.
You should avoid sharing sensitive information that could cause harm if disclosed.

c. Prohibited Content

You agree not to post or share User Content that:

Is unlawful, defamatory, obscene, harassing, or discriminatory.
Violates the rights of others, including intellectual property, privacy, or publicity rights.
Contains viruses, malware, or harmful code.
Promotes or provides medical advice without proper qualifications.
Is false, misleading, or intended to deceive.

We reserve the right to remove or moderate User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

5. Research Use of Data

We may use anonymized or aggregated User Content, including health data, for research purposes, such as analyzing health trends or publishing studies. Where required by law, we will obtain your explicit consent before using identifiable health data for research. You acknowledge that anonymized data may be shared with third parties (e.g., researchers, institutions) and that we are not liable for how such data is used once anonymized. See our Privacy Statement for details.

6. User Conduct

You agree to use the Platform in a lawful, respectful, and safe manner. Prohibited conduct includes, but is not limited to:

Harassing, bullying, or threatening other users.
Impersonating another person or entity.
Attempting to access or collect data from the Platform without authorization.
Interfering with the Platform’s functionality or security.
Using the Platform for commercial purposes without our prior written consent.

7. Intellectual Property

a. Platform Content

The Platform, including its design, code, logos, and content (excluding User Content), is owned by [Platform Name] or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Platform without our written permission.

b. User Content License

By posting User Content, you grant us a license to use it as described in Section 4. You also grant other users a non-exclusive license to view, share, or interact with your User Content as permitted by your privacy settings.

8. Third-Party Services and Links

The Platform may integrate with or link to third-party services (e.g., social media logins, analytics providers). These services are governed by their own terms and privacy policies, and we are not responsible for their practices or content. You access third-party services at your own risk.

9. Disclaimer of Warranties

The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that:

The Platform will be uninterrupted, error-free, or secure.
User Content, including health data, will be accurate, reliable, or safe to share.
The Platform will meet your expectations or provide medical advice.

You use the Platform at your own risk, and we are not responsible for the consequences of sharing sensitive information, including health data.

10. Limitation of Liability

To the fullest extent permitted by law, omicXchange, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to:

Your use of or inability to use the Platform.
The accuracy, reliability, or consequences of User Content, including health data or discussions.
Unauthorized access, use, or disclosure of your information by other users or third parties beyond our reasonable control.
Any reliance on information shared on the Platform, including health-related advice or discussions.
Errors, interruptions, or loss of data on the Platform.

You acknowledge that sharing health data on a social platform carries inherent risks, and you release us from liability for any harm resulting from your voluntary disclosure of such data. Our total liability, if any, shall not exceed the amount you paid to use the Platform, if applicable.

11. Indemnification

You agree to indemnify, defend, and hold harmless [Platform Name], its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the Platform.
Your User Content, including any health data you share.
Your violation of these Terms or applicable laws.
Your infringement of any third-party rights, including intellectual property or privacy rights.

12. Termination

You may terminate your account at any time by contacting us at [insert contact email]. We may terminate or suspend your access to the Platform at our sole discretion, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Platform ceases, and we may delete your User Content, subject to our Privacy Statement and legal obligations.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Pennsylvania, USA, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in Pennsylvania, conducted by the American Arbitration Association under its rules. You waive any right to participate in a class action lawsuit or class-wide arbitration. If arbitration is not enforceable, disputes shall be resolved in the state or federal courts of Pennsylvania.

14. International Users

The Platform is operated from the United States. If you access the Platform from outside this jurisdiction, you are responsible for complying with local laws. You acknowledge that your data may be transferred to and processed in countries with different data protection standards, as described in our Privacy Statement.

15. Miscellaneous

a. Entire Agreement

These Terms, together with our Privacy Statement, constitute the entire agreement between you and [Platform Name] regarding the Platform, superseding any prior agreements.

b. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

c. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

d. Assignment

You may not assign these Terms or your rights under them without our prior written consent. We may assign these Terms at our discretion.

16. Contact Us

For questions or concerns about these Terms, please contact us at:

omicXchange
Email: support@omicxchange.com

17. Acknowledgment

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. You further acknowledge that sharing personal health data on the Platform is voluntary and at your own risk, and you release omicXchange from liability for any consequences arising from such sharing.

Thank you for being part of the omicXchange community.