Version 2026-09-30.1 · published 2026-09-30 · archived version
SHA-256 of the exact text: efdc1d886716216f82b3c34576a94c489818c0e007f3083996496ee7cd0681c6
GaviaMed AI Quality Agent — Beta Terms of Service
Version: 2026-09-30.1
Effective for you when you affirmatively accept this version.
1. Agreement and eligibility
These Terms are between GaviaMed LLC ("GaviaMed," "we," or "us") and you, or the organization you are authorized to represent ("Customer"). The Service is GaviaMed AI Quality Agent and its document pre-review features. You must be at least 18 and use the Service for business or professional purposes. If you act for an organization, you represent that you have authority to bind it; otherwise you enter these Terms individually. Keep your account credentials secure and promptly report suspected unauthorized access to jasper@gaviamed.com. An electronic acceptance has the same intended effect as signing this agreement.
2. Beta service and human review
The Service is a prototype for helping engineers prepare documents before a formal quality review. It may identify issues, discuss context, and propose edits or redlines. AI output can be inaccurate, incomplete, inconsistent, or unsupported, and issues may be missed. You are responsible for checking findings, citations, reasoning, changes, and completeness against your source material and applicable requirements before relying on them.
The Service does not provide medical or legal advice, certify regulatory compliance, approve a quality-system record, or authorize product release. It is not a substitute for qualified engineering, quality, regulatory, or clinical judgment. Do not use it as the sole basis for decisions affecting health or safety. Keep your originals and required records in your own controlled system.
Beta features may change, fail, or be unavailable. We do not promise an uptime level, response time, fitness for a regulated workflow, or successful completion of every review. Current feature availability and processing holds are shown in the app; accepting these Terms does not enable paused features.
3. Customer content and permitted use
You retain your rights in documents, instructions, and other material you submit ("Customer Content"). You give GaviaMed and its service providers a limited, nonexclusive right to process that content only to provide, secure, maintain, and support the Service, fulfill your instructions, and meet legal obligations. This permission does not authorize publishing your documents, selling their content, or using their content to train GaviaMed's own models. Provider processing is described in the Privacy Notice; we do not promise zero retention by providers.
You must have the rights and permissions needed to submit content. Do not upload patient-identifiable health information, protected health information requiring a business associate agreement, payment-card data, passwords, API keys, or material requiring safeguards or agreements that GaviaMed has not separately agreed in writing to provide. Do not use the Service unlawfully, infringe others' rights, access another customer's account, bypass access or payment controls, distribute malware, or materially disrupt the Service. Lawful good-faith security reporting is welcome at our contact address.
4. Output, software, and feedback
As between you and GaviaMed, you retain rights in your content and may use the output generated for you; GaviaMed assigns to you any rights it has in that output, to the extent permitted by law. This does not transfer GaviaMed's pre-existing software, review methodology, templates, trademarks, or third-party materials. Output may resemble other output, may not qualify for intellectual-property protection, and may implicate third-party rights. You are responsible for its use.
GaviaMed and its licensors retain rights in the Service itself. You receive a limited right to use it under these Terms. If you voluntarily provide product feedback, we may use it without payment; this does not give us rights to disclose your confidential documents or use their content outside Section 3.
5. Confidentiality and security
We will treat nonpublic Customer Content as confidential, use it for the limited purposes in Section 3, and restrict access to people and service providers with a legitimate need for those purposes and appropriate confidentiality obligations. We will use reasonable administrative, technical, and organizational safeguards appropriate to this beta service. Customer account separation and private storage restrict ordinary application access; the application Owner dashboard does not display customer document content.
Provider-managed encryption and access controls do not make content technically inaccessible to privileged infrastructure administrators or service providers. Authorized access may be needed for service delivery, support, security, or legal obligations. Customer-controlled encryption is not currently integrated with document reviews. We do not represent that this beta is SOC 2 audited, HIPAA compliant, zero-knowledge, end-to-end encrypted, or covered by OpenAI zero data retention.
Confidentiality duties do not apply to information that is lawfully public, already known without a confidentiality duty, independently developed, or lawfully obtained from another source without a duty. If disclosure is legally required, we will limit it to what is required and notify you when legally permitted. No security measure guarantees that unauthorized access or loss cannot occur. These Terms do not excuse obligations imposed on GaviaMed by applicable law or authorize misuse of Customer Content.
6. Privacy and service providers
The separately linked Privacy Notice explains personal-data handling, providers, retention, and how to make requests. Acknowledging it is not consent to advertising or a waiver of privacy rights. Hosting, authentication, AI processing, and payment services involve external providers. Their involvement and the limitations described in the notice should be considered before submitting content. We will not materially broaden permitted use of previously submitted Customer Content merely by editing a web page.
7. Prepaid usage and billing
Where enabled, paid use is funded by prepaid usage credits. Before admitting a job, the Service applies the displayed usage rate card and reserves credit up to the applicable job limit. Charges are calculated from supported usage measures at the rate card pinned for that job, plus a 65% markup (estimated base usage cost multiplied by 1.65), subject to the job's displayed cap. This is an application rate-card estimate, not a pass-through of an independently reconciled final OpenAI invoice.
Rates and available features may change prospectively; an admitted job retains its pinned rate card. Usage that cannot be reliably priced may remain pending until it can be resolved. Corrections may result in an identified credit or debit under the applicable job cap. We do not promise that every unsuccessful run is free: usage actually incurred may still be chargeable under the disclosed rules. Contact us about billing errors; we will investigate and correct confirmed errors.
Paid credits and promotional trial credits are distinct. Promotional codes may have disclosed redemption deadlines and limits, cannot be redeemed for cash, and do not create a right to recurring free usage. We do not impose expiration or inactivity fees on purchased credit under these Terms. Credits are not transferable or withdrawable except for a required or approved refund.
Charges for properly metered, consumed usage are generally nonrefundable except as required by law or to correct errors. You may request a refund of unused purchased credit by email; statutory refund rights remain unchanged. If we permanently discontinue your access for reasons other than your material breach, you may request return of unused purchased credit. Promotional credit is not refundable. Test-mode balances and payments are simulations and have no cash value. Accepting these Terms does not activate live billing.
8. Suspension, termination, and records
You may stop using the Service at any time and contact us to request account closure. We may restrict or suspend use to address suspected abuse, security risks, unlawful conduct, material breach, or payment problems. Where reasonably practicable, we will give notice and an opportunity to resolve the issue. We may discontinue the beta; when practicable we will give advance notice and an opportunity to download your records.
Keep independent copies of important documents and outputs. Export or retrieval may be limited by technical failures or lawful security restrictions. Declining revised Terms alone will not prevent you from accessing existing records, billing history, or privacy-request channels that remain available in the Service. Data deletion and residual retention are described in the Privacy Notice; termination does not imply immediate deletion of every backup, provider record, or legal record. Provisions that reasonably need to survive, including accrued payment obligations, confidentiality, intellectual-property rights, liability limits, and dispute terms, survive termination.
9. Warranties
TO THE EXTENT PERMITTED BY LAW, THE BETA SERVICE AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." GAVIAMED DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT ACCURACY, COMPLETENESS, UNINTERRUPTED AVAILABILITY, OR ERROR-FREE OPERATION. This does not remove express commitments in these Terms or protections that applicable law does not permit us to exclude.
10. Limitation of liability
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE UNDER THESE TERMS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
GAVIAMED'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US $100 OR THE AMOUNT YOU PAID GAVIAMED FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These exclusions and the cap do not apply to fraud, gross negligence, intentional misconduct, or liability or remedies that applicable law does not permit to be excluded or limited. Your obligation to pay properly incurred charges is not erased by this section. The limitations reflect the beta nature and pricing of the Service.
11. Third-party claims
To the extent permitted by law, Customer will defend GaviaMed against a third-party claim arising from Customer's knowing submission of content without the required rights, unlawful use of the Service, or material breach of Section 3, and pay damages and reasonable costs finally awarded or agreed in an authorized settlement. This does not apply to the extent a claim results from GaviaMed's breach, negligence, or misconduct, or changes GaviaMed made without Customer's instruction.
GaviaMed must promptly notify Customer of the claim, provide reasonable cooperation at Customer's expense, and allow Customer to control the defense with competent counsel. No settlement may admit fault by, impose nonmonetary duties on, or fail to release GaviaMed without its reasonable written consent. GaviaMed may participate with its own counsel at its own expense.
12. Disputes and governing law
Minnesota law governs these Terms, without its conflict-of-law rules, subject to mandatory laws that apply to you. Courts of competent jurisdiction located in Minnesota will hear disputes, except where applicable law requires otherwise. Before filing an ordinary dispute, either party should send a written description and requested resolution to the other and try in good faith to resolve it for 30 days. This does not prevent urgent relief, reporting to regulators, using a legally available remedy, or filing within a legal deadline. These Terms do not impose mandatory arbitration or waive class-action rights.
13. Changes and general terms
Material changes to these Terms require a new version, notice, and fresh affirmative acceptance before new covered use. They will not retroactively alter an accepted version or completed transactions. You can download the version you accepted and your acceptance receipt from the app. Additional separately signed terms prevail over conflicting provisions here.
These Terms are the agreement for the Service, together with any separately agreed written terms. The Privacy Notice describes data handling and does not enlarge the permitted content uses in these Terms. If a provision is unenforceable, the remainder applies to the extent lawful. Failure to enforce a provision is not a waiver. Neither party is the other's agent or partner. Neither party may assign these Terms without consent, except in a genuine merger, reorganization, or transfer of substantially all relevant assets to a successor that assumes its obligations. No provision restricts rights that cannot lawfully be waived.
14. Contact
GaviaMed LLC
Email: jasper@gaviamed.com
Use this address for legal notices, billing questions, security reports, account closure, and privacy requests.
All versions of the Terms of Service
- 2026-09-30.2 (2026-09-30)
- 2026-09-30.1 (2026-09-30)
