These Application Usage Terms (“Terms”) govern the access and use of the iOS and Android application “Health Imagined” (“the Application”) owned and operated by Xiom Healthcare LLC (“the Company,” “we,” “our,” “us”). By accessing or using the Application, you (“User,” “you,” “your”) agree to comply with and be bound by these Terms.

1. ACCEPTANCE OF TERMS
By registering for, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, Cookie Policy, and any other applicable policies, all of which are incorporated herein by reference. If you do not agree, you must stop using the Application immediately.

2. LICENSE TO USE
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Application solely for lawful purposes and in accordance with these Terms. You agree not to reproduce, modify, distribute, or create derivative works based on the Application without our prior written consent.

3. USER RESPONSIBILITIES
You agree to:
– Provide accurate, current, and complete information during registration and maintain it thereafter.
– Maintain the confidentiality of your account credentials.
– Use the Application only for lawful and authorized purposes.
You will be solely responsible for all activities conducted under your account.

4. DATA PRIVACY & SECURITY
We implement appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of your data. We do not sell personal data. Use of the Application is subject to our Privacy Policy, which details how data is collected, stored, and processed.

5. GOVERNING LAW & DISPUTE RESOLUTION
For Users in India, any disputes shall be resolved exclusively through arbitration in NCR Delhi, India, under the Arbitration and Conciliation Act, 1996, with no involvement of courts.
For Users in the rest of the world, disputes shall be resolved exclusively through arbitration in New Jersey, USA, under applicable arbitration rules, with no involvement of courts.
The first step in any dispute resolution shall be mutual negotiation. If unresolved within 30 days, arbitration proceedings will commence.

6. MEDICAL DISCLAIMER
The Application is a healthcare management tool and does not provide medical advice, diagnosis, or treatment. Any medical-related content or features (including but not limited to the Knowledge Base and SMART Diagnosis) are intended solely for informational purposes and to assist qualified medical professionals. Always seek the advice of a qualified healthcare provider for any medical condition or treatment decisions. The Company disclaims any liability arising from reliance on Application content without professional medical judgment.

7. LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company disclaims all indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Application.

8. FORCE MAJEURE
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, natural disasters, pandemics, internet outages, or governmental restrictions.

9. CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Application after changes are posted constitutes your acceptance of the updated Terms.

10. TERMINATION
We reserve the right to suspend or terminate your access to the Application for violation of these Terms or for any other reason deemed necessary by the Company.

11. CONTACT INFORMATION
For questions about these Terms, contact:
Xiom Healthcare LLC
Email: support@xiomhealthcare.com

12. INTELLECTUAL PROPERTY OWNERSHIP
All rights, title, and interest in and to the Application, including but not limited to its software code, algorithms, designs, user interface, graphics, content, features, workflows, and trademarks, whether registered or not, are the sole and exclusive property of Xiom Healthcare LLC. Use of the Application does not grant you any ownership rights. Any feedback or suggestions provided by Users may be used by the Company without obligation or compensation.

13. THIRD-PARTY INTEGRATIONS & LIABILITY DISCLAIMER
The Application may incorporate third-party tools, APIs, or services for certain functionalities. Xiom Healthcare LLC does not warrant, endorse, or assume responsibility for any third-party service, its availability, accuracy, or performance. Any disruptions or damages caused by such services are outside the Company’s liability. We reserve the right to modify, remove, or replace third-party integrations without notice.

14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Xiom Healthcare LLC, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Application; (b) any violation of these Terms; (c) any violation of applicable laws or third-party rights.

15. CONTENT OWNERSHIP & USAGE RIGHTS
Users retain ownership of any data, patient information, images, or other content uploaded to the Application (“User Content”). By using the Application, you grant Xiom Healthcare LLC a worldwide, non-exclusive, royalty-free license to store, process, and use User Content solely for the purpose of providing and improving the Application’s services. The Company shall not be liable for accidental deletion, corruption, or loss of User Content.

16. NO WARRANTY
The Application is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. The Company does not guarantee the accuracy, completeness, or reliability of any information or functionality provided by the Application.

17. SERVICE MODIFICATION & TERMINATION RIGHTS
We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Application or any part thereof at any time without prior notice. We may also refuse service to any user for any reason permitted by law.
Additional Legal Safeguards
– Jurisdiction & Language Priority – English version prevails globally.
– Severability & Waiver – Invalid parts don’t void rest; failure to enforce isn’t a waiver.
– Compliance with Laws & Export Restrictions – Users must follow all laws and sanctions rules.
– Class Action Waiver – Only individual disputes allowed.
– Entire Agreement Clause – This document + policies = whole contract.
– Beta / Experimental Features Disclaimer – Early-release features may be inaccurate or unstable; no liability.
– Payment & Refund Policy (Future-Proof) – Xiom can add paid features; payments non-refundable unless law says otherwise.
– No Partnership / Employment Clause – Use of app doesn’t create business or employment relationship.
– Survival of Obligations – IP, confidentiality, indemnification, dispute resolution survive termination.
– Limitation on Time to Bring Claims – Claims must be made within 1 year or they’re void.