1. Parties and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between TCM Clinical Pro Ltd., a company registered in Portugal ("Company", "we", "us"), and the individual or entity accessing or using the Platform ("User", "Subscriber", "you").
By creating an account, accessing the Platform, or using any feature of the service, you confirm that: (a) you are a licensed healthcare professional authorised to practise in your jurisdiction; (b) you have read and understood these Terms, the Privacy Policy, and the Medical & Technology Disclaimer; and (c) you agree to be bound by all applicable terms.
If you do not agree to these Terms, you must immediately cease using the Platform and close your account.
2. Description of Service
The Platform (operating under the brand name TCM Clinical Pro) is an technology-driven clinical decision support system for licensed TCM practitioners. It provides:
• assisted TCM pattern differentiation and diagnosis support
• Multi-style acupuncture protocol generation (TCM, Tung's, Cranio, Korean, Japanese)
• Herbal formula recommendations with safety analysis
• Patient record management
• Clinical scheduling and analytics
• Team management for multi-practitioner clinics
• Report generation in multiple languages
The Platform is provided as a Software-as-a-Service (SaaS) on a subscription basis.
3. Eligibility
Access to the Platform is restricted to licensed healthcare professionals. By registering, you represent and warrant that:
• You hold a valid licence or registration to practise as an acupuncturist, TCM practitioner, herbalist, integrative medicine doctor, or equivalent regulated healthcare professional in your jurisdiction.
• You are at least 18 years of age.
• You will use the Platform solely for lawful professional purposes.
• You will not share your account credentials with unlicensed individuals.
The Company reserves the right to verify professional credentials and to suspend or terminate accounts that do not meet eligibility requirements.
4. Subscription Plans and Payment
4.1 Plans: The Platform offers three subscription tiers as described on the Pricing page: Essentials (1 seat, core diagnostic tools), Professional (1 seat, full clinical suite), and Clinic (3+ seats, team management for multi-practitioner clinics).
4.2 Free Trial: New subscribers receive a 14-day free trial with full platform access. No credit card is required for the trial. At the end of the trial, continued access requires a paid subscription.
4.3 Billing: Subscriptions are billed monthly or annually as selected at checkout. Annual plans are billed in advance for the full year.
4.4 Price Changes: The Company may modify subscription prices with 30 days' advance notice. Continued use after the effective date constitutes acceptance of the new pricing.
4.5 Refunds: Subscriptions are non-refundable except as required by applicable consumer protection law in your jurisdiction.
4.6 Taxes: Prices are exclusive of applicable taxes. EU VAT, Portuguese IVA, or equivalent taxes will be applied where required.
5. Acceptable Use
You agree to use the Platform only for lawful professional purposes. You must not:
• Share access credentials with unlicensed individuals or patients
• Use the Platform to make autonomous clinical decisions without professional oversight
• Attempt to reverse engineer, scrape, or extract the Platform's models
• Use platform outputs for marketing claims without verification
• Upload patient data in violation of applicable data protection laws
• Attempt to circumvent security measures or access controls
• Use the Platform in any manner that could harm patients or bring the profession into disrepute
6. Intellectual Property
All intellectual property rights in the Platform, including its models, software, design, content, and documentation, belong to or are licensed by the Company. You receive a limited, non-exclusive, non-transferable licence to use the Platform during your active subscription for your professional practice.
Patient data you upload remains your property (or your patients' property). You grant the Company a limited licence to process that data solely to provide the service.
7. Data Protection
The Company processes personal data in accordance with the Privacy Policy and applicable data protection law (GDPR, LGPD, CCPA/CPRA). Where you upload patient data, you act as the independent data controller and are responsible for ensuring you have lawful basis to process that data. The Company acts as data processor on your behalf.
A Data Processing Agreement (DPA) is available on request and is incorporated into these Terms for Subscribers subject to GDPR.
8. Termination
8.1 By You: You may cancel your subscription at any time. Access continues until the end of the current billing period. No refunds are provided for unused time.
8.2 By the Company: We may suspend or terminate your account immediately if you breach these Terms, fail to pay subscription fees, or engage in conduct that poses a risk to patients, other users, or the Company.
8.3 Termination or Modification of the Platform: The Company reserves the right to modify, suspend, or terminate the Platform, in whole or in part, at any time and for any reason, including but not limited to technical necessity, security maintenance, commercial viability, or platform sunsetting, with or without prior notice. In the event of a permanent termination of the Platform, your access may be revoked, and any remaining prepaid subscription balance may be subject to pro-rata refunds at the Company's sole discretion, except where mandatory consumer protection law provides otherwise.
8.4 Upon termination: You will lose access to the Platform. Patient data can be exported before termination. Data is retained for 90 days post-termination and then deleted unless legal retention obligations apply.
9. Governing Law and Disputes
These Terms are governed by the laws of Portugal and the European Union. Any disputes shall be subject to the exclusive jurisdiction of the courts of Portugal, without prejudice to mandatory consumer protection provisions applicable in the User's country of residence.
For Subscribers in the EU/EEA, the European Commission's Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr.
10. Amendments
The Company may update these Terms. For material changes, we will provide at least 30 days' notice by email or in-platform notification. Continued use after the effective date constitutes acceptance.
11. Referral Program
11. Referral Program. The Platform offers a referral program that allows Subscribers to invite colleagues to join. When you use the referral invitation feature, the Platform sends the invitation email on your behalf from the Platform's own email address (not your personal email). The invitation email discloses your name, as registered on your account, to the invitee as the person who referred them. By sending a referral invitation, you expressly consent to the disclosure of your name to the invitee. You agree to only refer colleagues with whom you have a professional relationship and not to send invitations to individuals who have not agreed to be contacted. Misuse of the referral program, including sending invitations to unconsenting recipients, may result in suspension of your referral privileges or account termination.
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