TERMS OF SERVICE FOR EMOCA.AI

Last Revised: July 16, 2026

These Terms of Service (the "Terms") are a legally binding agreement between you and Emoca LLC ("Emoca," "we," "our," or "us"), a Massachusetts limited liability company. These Terms govern your access to and use of the website located at emoca.ai (the "Site"), including any clinical decision support tools, AI generators, and other online services provided on or through the Site (collectively, the "Services").

1. Application of these Terms of Use

By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site or Services.

2. Mandatory Account Registration and Clickwrap Agreement

To access or use any clinical decision support tools, AI calculators, or interactive Services on the Site, you must register for an account.

• Active Assent Required: During the registration process, you will be required to affirmatively check a box or click a button indicating your agreement to these Terms and our Privacy Policy (a "clickwrap" agreement).
• Access Restricted: No access to the interactive clinical tools will be granted unless and until you actively assent to these Terms.
• Accuracy of Information: You agree to provide accurate, current, and complete information during registration and to keep your account secure. You are solely responsible for all activities that occur under your account credentials.

3. Accessing the Site and Services

We reserve the right to withdraw or amend the Site and any Services or clinical tools we provide without notice. We will not be liable if, for any reason, all or any part of the Site or Services is unavailable at any time or for any period.

4. AI Technologies and Clinical Decision Support Tools

Our Services include artificial intelligence (AI) technologies, machine learning models, and clinical decision support tools (including but not limited to the AI Discharge Summary Generator and clinical scoring algorithms).

• No Clinical Judgment Substitution: The outputs generated by our AI tools, including draft text, clinical scores, and summaries, are intended solely as educational and administrative aids. They do not constitute clinical findings, definitive diagnoses, or professional medical advice.
• Physician-in-the-Loop Requirement: All outputs, summary drafts, and scores must be independently reviewed, verified, and edited by a qualified, licensed healthcare professional prior to any clinical application, patient communication, or medical charting.
• Known Limitations of AI: You acknowledge that AI-generated content can contain errors, inaccuracies, omissions, or "hallucinations." You assume all risk and liability for any reliance placed on AI-generated outputs.

5. Proprietary Rights and Open-Source Tools

The Site, Services, and their entire contents, features, and functionality (including but not limited to all software, code, algorithms, clinical tools, designs, and text) are owned by Emoca LLC, its licensors, or other providers of such material.

• Backend Open-Source Components: Certain software tools utilized by the Services are governed by open-source software licenses. To the extent a specific open-source license explicitly conflicts with these Terms, that open-source license will govern your use of that specific backend utility.
• Limited License: Subject to your compliance with these Terms, Emoca LLC grants you a personal, non-exclusive, non-transferable, revocable license to access and use the frontend user interface and compiled Services for clinical-support and educational purposes.

6. Strict Prohibition on Patient PII and PHI (No HIPAA Compliance)

EMOCA LLC IS NOT A HIPAA-COMPLIANT PROVIDER AT THIS TIME.

• No PHI/PII Permitted: The Services are not configured to securely ingest, process, or store Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) or Personally Identifiable Information (PII) of patients.
• Your Duty to De-Identify: You are strictly prohibited from entering, copy-pasting, uploading, or otherwise transmitting any patient PII or PHI into any text fields, forms, or tools on the Site. You must ensure that all clinical scenarios, data points, or discharge notes are thoroughly de-identified before submission.
• Indemnification for Data Misuse: You agree to fully indemnify and hold harmless Emoca LLC for any regulatory fines, administrative actions, legal fees, or damages arising from your unauthorized submission of patient PII or PHI to the Site.

7. Permitted and Prohibited Uses

You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Site.
• Attempt to reverse engineer, decompile, or extract the source code of any proprietary algorithms or AI tools hosted on the Site.
• Use any robot, spider, or other automatic device to scrape or monitor our clinical tools or outputs.
• Attempt to harvest data from, or through the use of, the Site.

8. No Medical Advice and Reliance on Clinical Outputs

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

WARNING: ALL CLINICAL DECISION SUPPORT UTILITIES AND AI-GENERATED OUTPUTS ARE PROVIDED "AS IS" FOR EDUCATIONAL AND ADMINISTRATIVE SUPPORT TO LICENSED HEALTHCARE PROFESSIONALS. EMOCA LLC DOES NOT ENGAGE IN THE PRACTICE OF MEDICINE.

• Ultimate Clinician Responsibility: The ultimate responsibility for patient care, diagnosis, treatment, and clinical documentation rests solely and exclusively with the licensed healthcare provider.
• Discharge Summaries and Return Precautions: If you use our AI Discharge Summary Generator, you are strictly responsible for ensuring that all critical clinical parameters, specifically including but not limited to comprehensive, open-ended return precautions, are manually verified and customized for the patient. You acknowledge that incomplete return precautions in discharge summaries are a primary source of clinical liability, and you assume all responsibility for ensuring clinical safety in the final document.
• No Doctor-Patient Relationship: Your use of the Site or Services does not establish a doctor-patient relationship between Emoca LLC and any individual.

9. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR TOOLS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

EMOCA LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE CLINICAL ALGORITHMS, AI OUTPUTS, OR CALCULATIONS WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

10. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EMOCA LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SERVICES, OR AI-GENERATED OUTPUTS.

THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, OR MEDICAL MALPRACTICE CLAIMS ARISING FROM CLINICAL DECISIONS MADE IN RELIANCE ON THE SITE'S TOOLS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Emoca LLC, its founders, managers, members, employees, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the clinical tools, or any medical malpractice or patient care disputes resulting from clinical decisions where our Services were utilized.

12. Governing Law and Jurisdiction

All matters relating to the Site, these Terms, and any dispute arising therefrom shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts.

13. Mandatory Arbitration and Class Action Waiver

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be referred to and finally determined by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

• Venue: The place of arbitration shall be Suffolk County, Massachusetts.
• Class Action Waiver: You agree that any arbitration or proceeding shall be conducted in your individual capacity only and not as a class action or other representative action.

14. Contact Information

This website is operated by Emoca LLC. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:

Emoca LLC
Email: info@emoca.ai