MedMe offers artificial intelligence features to help the Customer’s healthcare teams work more efficiently and effectively. These terms (the “AI Terms”) explain how the AI features work within the Services and the commitments we make to protect your data.
These AI Terms form part of and are hereby incorporated into the services agreement between the Parties (the “Agreement”). Any capitalized terms used but not defined herein have the same meaning as the same or substantially equivalent term in the Agreement.
The MedMe Services may include optional access to generative artificial intelligence features (“AI Features”), including large language model capabilities and other machine learning technologies. AI Features are designed to support the Customer’s clinical and administrative workflows only and are not a substitute for professional judgment. AI Features do not provide medical, clinical, legal, financial, or other professional advice and are not intended to diagnose, treat, prevent, or make or recommend clinical decisions, or to function as a clinical decision support tool. “Inputs” means data, prompts, queries, or other content submitted to the AI Features by or on behalf of Customer. “Outputs” means content generated by the AI Features in response to Inputs. Output generated by the AI Features may not always be complete, accurate, or suited to every situation, and Customer is responsible for independently reviewing and validating such Output before use or distribution.
AI Features include:
A. Admin Clerk
By subscribing to, accessing, or using Admin Clerk, Customer authorizes MedMe to enable data flows between any combination of MedMe’s systems, Customer’s systems, and third-party systems, as instructed by Customer. Customer is solely responsible for maintaining the appropriate agreements, licenses, and rights necessary to access any third-party systems used in connection with Admin Clerk, including ensuring such rights extend to MedMe’s access on Customer’s behalf. The storage, processing, and security of data within any third-party systems, including applicable information security and privacy controls, are governed solely by Customer’s agreement with the applicable third-party system provider. Customer is also responsible for the security of its own systems used in connection with Admin Clerk.
MedMe will operate Admin Clerk solely on Customer’s instructions. Customer represents and warrants that its instructions to MedMe will not violate any agreement with any third party, including any third-party system provider, or any Applicable Laws, including applicable privacy and data protection laws. Customer is solely responsible for ensuring that any data flows authorized or instructed by Customer are lawful and permitted under all applicable agreements and Applicable Laws.
MedMe assumes no obligations or liability in connection with any third-party systems or Customer’s systems, including with respect to how data is stored, processed, secured, or otherwise handled within such systems, or the integrity, accuracy, completeness, or lawfulness of any data originating from or stored within such systems. MedMe’s sole obligation under this Addendum with respect to Admin Clerk is to transmit data between systems as instructed by Customer. MedMe is not responsible for any loss, error, or harm arising from such transmissions except to the extent directly caused by MedMe’s own acts or omissions.
B. Patient Concierge
Customer’s access to or use of Patient Concierge is separately governed by the Automated Calling Services Terms available at https://www.medmehealth.com/automated-calling-services-terms (“ACTS”). In the event of conflict, the ACTS govern with respect to Patient Concierge, this Addendum governs with respect to all other AI Features, and the Agreement governs all other matters.
C. Other AI Features
AI Features are designed to assist, not replace, Customer’s professional judgment. Output generated by such features may not always be complete, accurate, or suited to every situation, and Customer is responsible for independently reviewing and validating such Output before use or distribution.
MedMe will not use Customer Data, including End User Data, Inputs, or Outputs generated, to train, retrain, or fine-tune any AI or machine learning model, whether operated by MedMe or any third-party model provider, except as set out below.
Notwithstanding the foregoing, MedMe may use Inputs and Outputs to train or improve its AI Features and the Services, provided that such data has been: (a) de-identified such that it does not identify Customer, its End Users, or any other individual; and (b) aggregated with data from other customers in a manner that prevents re-identification. MedMe shall maintain and enforce appropriate technical and organizational safeguards designed to ensure that Customer Data is logically segregated from data of other customers and is not accessed, used, disclosed, altered, or destroyed by any unauthorized person.
MedMe ensures that all third-party AI model providers are contractually prohibited from using Customer Data, including End User Data, Inputs, or Outputs, to train, retrain, or fine-tune any of such third-party’s AI or machine learning models.
MedMe processes Inputs and Outputs only as necessary to operate AI Features. The following additional safeguards apply:
As between the parties, Customer owns all Output generated through its use of AI Features. MedMe assigns to Customer all right, title, and interest in Output. Nothing in these terms transfers to Customer any of MedMe’s intellectual property rights in the Services, MedMe’s platform or AI systems.
Customer acknowledges that: (i) Customer shall not acquire any rights in AI models, algorithms, or systems by virtue of using the Services; and (ii) Output may be similar to output generated for other customers.
MedMe retains all rights in its proprietary prompt engineering and system instructions (“MedMe Prompts”). MedMe Prompts are not subject to deletion or return requirements under this Agreement, and their retention does not limit MedMe’s obligations to delete or return Customer Data.
A. MedMe
MedMe represents and warrants that:
Due to the probabilistic nature of generative AI, Output may contain errors, inaccuracies, or biases. Except as expressly stated in an Order Form, MedMe makes no representations or warranties regarding Output. MedMe will not be liable for any decisions made or actions taken by Customer in reliance on Output. MedMe may monitor, adjust, or remove Output where necessary to comply with this Agreement, Applicable Laws, or to protect MedMe’s reputation.
B. Customer
Customer represents and warrants that it will:
Customer will not use AI Features or Output to: