Terms and Conditions – MedMatchAI^TM

These Terms and Conditions (“Terms”) govern your access to and use of the MedMatch AI platform available at med-match.ai and any related services, features, content, and applications (together, the “Service”). The Service is operated by Nord Pacific Medical Ltd, a company incorporated in Hong Kong (Company No. 75760752) with its registered office at Room 1905, 19/F., West Tower, Shun Tak Centre, 168–200 Connaught Road Central, Hong Kong (“NPM”, “we”, “us”, or “our”).

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Service.

You represent that you are accessing the Service for business purposes and not as a consumer, and that you have the authority to enter into these Terms on behalf of the organisation you represent.

• “Account” means the account you register to access the Service.
• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with NPM.
• “Content” means all data, information, text, reports, and other materials made available through the Service.
• “Distributor Data” means information relating to medical device distributors, manufacturers, registrations, and related entities compiled and made available through the Service.
• “Subscription” means a paid plan giving access to the Service for a recurring term.
• “Fees” means the charges payable for the Service as described in clause 5.

To use the Service you must register an Account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account, and you must notify us promptly of any unauthorised use. Access to the Service is granted on a per-user basis. Each Account is for use by the individual named user only and may not be shared. Custom-tier enterprise plans may permit named multi-seat access as set out in the relevant plan terms. We may refuse registration, or suspend or terminate Accounts, in accordance with these Terms.

The Service provides access to compiled Distributor Data, search and filter, and matching tools, watch lists, reporting features, and the ability to send outreach communications to third parties. We may modify, enhance, or discontinue features of the Service from time to time without notice to you. We do not guarantee that the Service, or any particular search and filter output, dataset, or match result, will meet your specific requirements or achieve any particular commercial outcome. Any search, filter, or match results generated by the Service are produced by automated algorithmic comparison of data signals only. They do not constitute a recommendation, endorsement, or verification of any distributor, and do not indicate that NPM has assessed the suitability of any distributor for your requirements.

The Service is a data and information tool only. NPM does not act as an agent, broker, or intermediary, does not facilitate or broker commercial relationships between users and distributors, and makes no representation that use of the Service will result in any commercial partnership, distribution agreement, or other outcome.

NPM shall have no liability for any transaction outcomes, any commercial relationship formed via the platform, or outcome arising from a user’s use of or reliance on the Service.

Access to paid features of the Service requires a Subscription. The available plans, their features, prices, billing periods, and applicable currency are as displayed on the Service’s pricing page at the time of subscription. Unless stated otherwise, prices are exclusive of all applicable taxes, duties, and withholdings, which are your responsibility.

Fees are billed in advance for each billing period. You authorise us, and our third-party payment processor, to charge your designated payment method for all Fees due. Payments are processed by Stripe; we do not store full payment card details. You are responsible for providing valid and up-to-date payment information.

We may change our Fees from time to time. Any change to recurring Fees will take effect on your next renewal, and we will give you at least 30 days’ notice before it applies. Your continued use of the Service after a Fee change takes effect constitutes acceptance of the new Fees.

Your Subscription is a recurring subscription. Unless you cancel before the end of your current billing period, your Subscription will automatically renew for a further period of the same length, and your payment method on file will be charged the then-current Fee for the renewed term. You authorise us to charge your payment method on each renewal until you cancel.

You may cancel automatic renewal at any time before your next renewal date through your Account settings (Account > Billing > Manage Subscription) or the customer billing portal. Cancellation takes effect at the end of your current paid period. You will retain access to the Service until the end of that period and will not be charged again. Except as set out in clause 9 or as required by applicable law, Fees already paid for the current period are non-refundable.

We may offer free, trial, or promotional access to the Service, including time-limited access granted in connection with events or campaigns. Unless expressly stated, promotional access does not require payment card details and will simply expire at the end of the promotional period, after which continued use requires a paid Subscription. Where no payment method has been provided, access will simply lapse; no charge will be made and access will not convert into a paid Subscription. We may modify or withdraw any promotional offer at any time without liability.

Except as expressly stated in these Terms or as required by applicable law, all Fees are non-refundable. Cancelling a Subscription does not entitle you to a refund of Fees paid for the current billing period. However, if you believe you subscribed in error, you may contact us at info@nordpacificmed.com within seven (7) days of your subscription start date. Where we are satisfied that the subscription was made accidentally and that no part of the Service has been accessed or used during that period, we may, at our sole discretion and on a case-by-case basis, grant a refund. Nothing in this clause affects any refund rights you may have that cannot be excluded under applicable law.

You acknowledge that the Distributor Data and all other Content made available through the Service are compiled from publicly available government and regulatory registers and database, public accessible materials and other third-party sources.

All Content is provided on an “as is” and “as available” basis.

While NPM and its data providers take commercially reasonable care in compiling the Content, and to the maximum extent allowed by law, neither NPM, its Affiliates nor the third-party data provider make any representation, warranty, condition or undertaking, whether express, implied, statutory or otherwise, as to the accuracy, merchantability, timeliness, reliability, fit for purposes, completeness of the Content or as to the results to be attained from the use of the Content. Regulatory registrations, licences, and the status of distributors and manufacturers change over time, and source registers maintained by government authorities and third parties may contain errors or omissions outside NPM’s control.

Neither NPM, its Affiliates nor any third-party data provider shall in any way be liable to you, for any inaccuracy, error or omission, regardless of cause, in the Content provided hereunder or for any loss or damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, we shall have no liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any advice, opinion, recommendation, guidance, forecast, judgment, publication, conclusion or any course of action (or inaction) of you, made or taken in reliance of, or based on, any of the Content.

Where any part of the Content is marked as “verified” or shows a verification or update date, such verification reflects the position as at the date shown only. Verification status is not a guarantee of current accuracy, and the licensing, registration, or regulatory status of any distributor or manufacturer may change after that date. You must independently confirm the current status of any distributor before relying on it.

The Service provides information and tools only. Nothing in or accessible through the Service constitutes legal, regulatory, compliance, financial, medical or other professional advice. You remain solely responsible for:

• conducting your own due diligence in respect of any distributor, manufacturer, or counterparty;
• verifying the accuracy, currency, and completeness of any information obtained through the Service, including licensing, registration, and regulatory status of any distributor, manufacturer, or counterparty;
• making all commercial, legal and regulatory decisions independently; and
• ensuring that your own activities comply with all applicable laws and regulations before entering into any agreement or transaction.

You may access and use the Service and the Content solely for your own / organisation’s internal business purposes. You must not:

• copy, scrape, harvest, extract, resell, redistribute, sublicense, publish, or otherwise make the Content available to any third party, except as expressly permitted;
• create any derivative database or competing product using the Content;
• exceed any usage, query, or export limits applicable to your subscribed plan;
• use the Service or Content in any way that is unlawful or infringing, or that violates the rights of others;
• attempt to gain unauthorised access to the Service, interfere with its operation, or circumvent any access or security controls;
• use any automated means to access the Service except through interfaces we expressly provide; or
• use, and shall not permit any third party to use, any Content, or any portion thereof, for the purpose of training, fine-tuning, developing, or improving any machine learning model, artificial intelligence system, large language model, or any other automated data processing technology or competing service. You acknowledge that our Content is proprietary and the use of such Content for model training is strictly prohibited without our prior written consent.

The Service may allow you to download Distributor Data, and other Content for offline use. Where you do so, you may retain and use such downloaded Content for your own internal business purposes, including sharing it with other personnel within your organisation who need it for those purposes. However, you must not share, distribute, sell, sublicense, or otherwise make any downloaded Content available to any third party outside your organisation, or use it to create, populate, or contribute to any other database, product, or service, whether commercial or otherwise.

This restriction applies to downloaded Content regardless of whether your Subscription has expired or been cancelled. NPM does not control or have visibility into your handling of downloaded Content once it leaves the Service, and you remain responsible for ensuring your use and retention of it complies with this clause and with applicable law, including in respect of any personal data contained within it.

We may suspend or terminate your access for any breach of this clause without notice.

The Service includes a function that allows you to compose a message to a distributor through the Service, which is then transmitted by us, on your instruction with your own email address shown as the sender, to the email address associated with that distributor’s listing. Any reply is sent directly to your own email address; we do not receive, retain, or have visibility into any reply or any subsequent exchange between you and the distributor.

You are the sole author and sender of any communication transmitted through this function, and we act solely as a technical conduit at your instruction. You are solely responsible for the content of any such communication and for ensuring it complies with all applicable laws, including anti-spam, privacy, and electronic-marketing laws in the relevant jurisdiction. You must not use this function to send unlawful, misleading, deceptive, or unsolicited communications, or otherwise misuse any contact information made available through the Service.

We may suspend or restrict your access to this function at any time, including where we reasonably believe it is being used in breach of this clause.

The Service, including all software, design, text, compiled data, and other Content (excluding data sourced from public registers in its original form), and all intellectual property rights in it, are owned by NPM or its licensors. Subject to your compliance with these Terms and payment of applicable Fees, NPM grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service and Content for your own / organisation’s internal business purposes during your subscription term. No other rights are granted. You retain ownership of any data you submitted to us in order to access the Service, and you grant us a licence to use such data as necessary for the purposes of providing and improving the Service. If you provide us with suggestions and/or feedback, we may use them without any obligation to you.

You acknowledge that, as a reasonable protection of the proprietary rights of the Content in the Service and to avoid any breach of our obligations to third-party services, any dissemination or distribution of data or information identical to or derived from any of the Content in the Service shall be deemed a material breach of these Terms. You agree to use commercially reasonable efforts to protect our proprietary rights and/or the relevant third-party services’ proprietary rights in the Service (and to comply with all reasonable written requests made by us to protect and enforce such rights).

Our collection and use of personal data in connection with the Service is described in our Privacy Policy, which forms part of these Terms. We encourage you to read it before accessing the Service.

You are responsible for complying with applicable data protection, privacy and anti-spam laws when using the Service or using personal data obtained through the Service, including any contact information used to initiate outreach. As between you and NPM, you determine the purpose and content of any outreach communication you send, and you are responsible for ensuring that the communication and your underlying purpose for sending it are lawful. NPM’s role in transmitting any such communication is described in clause 12.

The Service relies on third-party services (including payment processing and third-party data providers) and may contain links to third-party websites or resources. NPM does not control and is not responsible for third-party services, websites, or the accuracy of source registers maintained by government authorities or third parties. Your use of any third-party service is subject to that third party’s terms, restrictions and notice.

To the maximum extent permitted by law, the Service and all Content are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. NPM does not warrant and guarantee that the Service will be uninterrupted, error-free, secure, or free from harmful components, or that any defects will be corrected.

To the maximum extent permitted by law:

• i) NPM’s total aggregate liability arising out of or in connection with the Service and these Terms shall not exceed the total Fees paid by you to NPM in the twelve (12) months preceding the event giving rise to the claim; or if no fees have been paid, USD 100; and
• ii) NPM shall not be liable for any indirect, incidental, special, or consequential loss or damage, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or in connection with the Service, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such loss.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation.

You agree to indemnify and hold harmless NPM, its Affiliates and their respective officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with (a) your use of the Service; (b) any communication you initiate using information obtained through the Service; (c) your breach of these Terms; or (d) your violation of any applicable law or the rights of any third party.

We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if you breach these Terms, fail to pay Fees when due, or use the Service in a manner that may cause harm or legal liability. You may stop using the Service and cancel your Subscription at any time in accordance with clause 6.

On termination, your right to access the Service ceases, and clauses that by their nature should survive (including clauses 9, 10, 11, 13, 16, 17, 18, and 21) will survive.

We may update these Terms from time to time. When we do, we will update the date shown at the top of these Terms. The version in effect is identified by its effective date. Your continued use of the Service constitutes acceptance of the updated Terms. We may also modify or discontinue all or part of the Service at any time.

These Terms are governed by the laws of the Hong Kong Special Administrative Region. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall first be referred to good-faith negotiations between the parties. If the dispute is not resolved within thirty (30) days of written notice, it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in force at that time. The seat of arbitration shall be Hong Kong. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and NPM regarding the Service and supersede any prior agreements. If any provision is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms to an affiliate or successor. Neither party is liable for any failure or delay caused by events beyond its reasonable control. Notices to you may be given by email or through the Service.

For questions regarding these Terms or the Service, you may send to info@nordpacificmed.com.