Terms of Service

By accessing or using the Service, you agree to be bound by these Terms. You must be at least 18 years of age to use the Service. If you are using the Service on behalf of a law firm or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you and that organization.

Footmark AI provides an AI-assisted platform for analyzing fetal heart rate tracings, cardiotocography (CTG) records, and other medical evidence to support attorneys in birth-injury and medical-malpractice litigation. The Service is a business tool for law firms and legal professionals.

Access to the Service is provided through Google Sign-In and is limited to users we have approved. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us promptly at privacy@footmark.legal of any unauthorized use of your account.

You (or your firm) retain ownership of the medical records, tracings, case files, and other materials you upload to the Service ("Customer Content"). You grant Footmark a limited, non-exclusive, worldwide license to host, store, process, transmit, and analyze Customer Content solely to provide the Service to you. You represent and warrant that you have the legal right to upload the Customer Content and that doing so does not violate any protective order, court order, client authorization, or applicable law.

You agree not to:

• use the Service for any unlawful purpose;
• upload Customer Content that you do not have the legal right to submit;
• attempt to reverse engineer, decompile, or otherwise derive the source code or underlying models of the Service, except where such restrictions are prohibited by law;
• interfere with, disrupt, or attempt to gain unauthorized access to the Service or its related systems; or
• misuse the Service in any way that could harm Footmark, its users, or third parties.

Footmark owns and retains all right, title, and interest in and to the Service, including the platform, software, models, user interfaces, documentation, and all related intellectual property rights. Except for the limited right to use the Service granted in these Terms, you receive no other rights in or to the Service.

Access to the Service may currently be provided free of charge or on an invitation basis. Paid subscriptions, when offered, will be governed by the plan or order form that you or your firm selects, including the fees, billing cycle, and renewal terms set out in that plan or order form.

Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses for its own confidential information of like importance, and in no event less than a reasonable standard of care. "Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood as confidential given its nature and the circumstances of disclosure. Customer Content is Confidential Information of the customer.

To the maximum extent permitted by applicable law, the Service and the Outputs are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. Footmark disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Footmark does not warrant that the Service will be uninterrupted, error-free, or that the Outputs will be accurate, complete, or reliable.

To the maximum extent permitted by applicable law, in no event will Footmark be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or in connection with these Terms or the Service, even if Footmark has been advised of the possibility of such damages. Footmark's total cumulative liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts paid by you to Footmark for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (US$100).

You agree to defend, indemnify, and hold harmless Footmark and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Customer Content you upload to the Service, (b) your misuse of the Service, or (c) your violation of these Terms or of any applicable law.

These Terms remain in effect for as long as you use the Service. Either party may terminate access to the Service at any time, with or without cause, by providing notice to the other party. Upon termination, your right to access the Service ceases, and Customer Content will be deleted or returned in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including provisions on intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. The parties agree that the exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state and federal courts located in the Commonwealth of Virginia, and each party consents to the personal jurisdiction of those courts.

We may update these Terms from time to time. When we do, we will post the updated Terms on this page with a new effective date. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes.

Questions about these Terms may be sent to Footmark AI at privacy@footmark.legal.