1. Introduction
Welcome to Navicor. These Terms of Service ("Terms") govern your access to and use of Navicor, a clinical decision support web application available at [Navicor app URL] that helps healthcare professionals compare clinical findings against published cardiology guidelines (the "Service"). These Terms do not apply to our company website, augurymedical.com.
Please read these Terms carefully. By creating an account, clicking "I agree," or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1.1 Who we are
The Service is provided by Augury Medical GmbH, a company registered in Switzerland under UID CHE-382.299.060, with its registered office at Quellgasse 21, 2502 Biel/Bienne, Switzerland ("Augury Medical," "we," "us," "our").
1.2 Who you are
"You" means the individual who creates an account. If you create an account or purchase a subscription on behalf of a practice, hospital or other organization, you confirm that you are authorized to accept these Terms on its behalf, and "you" also includes that organization.
1.3 Other documents that apply
- —Navicor Privacy Policy — explains how we handle personal data.
- —Separate agreements — if your organization has signed a separate written agreement with us for the Service, that agreement prevails over these Terms where they conflict.
2. Eligibility and availability
2.1 Who may use Navicor
Navicor is intended for use by healthcare professionals — such as physicians, nurse practitioners and physician assistants — and by students and trainees in these professions, such as medical students and residents, in the course of their professional practice, training or education. Students and trainees may use Navicor to support patient care only under the supervision of a licensed healthcare professional. Navicor is not intended for patients, caregivers or other members of the public. You must be at least 18 years old and able to enter into a binding contract to use the Service.
2.2 Where Navicor is available
Navicor is available only to users located in the United States and may only be used to support the care of patients in the United States.
3. The Navicor Service
3.1 What Navicor does
Navicor lets you enter clinical findings (for example, QRS duration, ECG morphology characteristics such as left bundle branch block, and symptoms) and compares them against published clinical practice guidelines, such as those issued by the American College of Cardiology (ACC) and American Heart Association (AHA). It surfaces guideline recommendations that may be relevant, together with the basis for each recommendation, so that you can independently review that basis.
3.2 What Navicor does not do
Navicor is an informational decision support tool. It does not diagnose, treat or make clinical decisions, and it does not acquire, process or analyze medical images or physiological signals such as ECG waveforms. It is intended to inform — not replace — your own clinical judgment, and it is not intended that you rely primarily on any of its recommendations to make a diagnosis or treatment decision for an individual patient. Navicor must not be used in emergencies or other time-critical situations, or as a substitute for direct clinical evaluation of a patient.
Navicor is intended to meet the criteria of section 520(o)(1)(E) of the US Federal Food, Drug, and Cosmetic Act, under which certain clinical decision support software functions are excluded from the definition of a medical device. Navicor has not been cleared or approved by the US Food and Drug Administration (FDA).
3.3 Your clinical responsibility
You are solely responsible for all clinical assessments and decisions you make, for checking the accuracy of the information you enter, and for evaluating any output in light of the patient's full clinical picture, current evidence and the applicable standard of care. Clinical guidelines evolve, and Navicor's content may not reflect the most recent publications or local practice.
3.4 Changes to the Service
We continually work to improve Navicor, including updating it as clinical guidelines change. We may add, change or remove features at any time. If a change materially reduces the core functionality of your paid subscription, we will give you reasonable advance notice where practicable. If we discontinue the Service entirely, we will refund any prepaid fees for the unused remainder of your subscription.
3.5 Availability and third-party services
We aim to keep Navicor available and reliable, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable during scheduled or emergency maintenance, updates, or for reasons outside our control. The Service relies on third-party providers (for example, for authentication, hosting and payment processing). Links to third-party content, such as published guidelines, are provided for convenience; we do not control and are not responsible for that content.
3.6 Usage limits
We may apply reasonable limits to how much the Service can be used, such as the number of inputs or comparisons per user within a given period, to protect its performance, security and availability for all users. If your use exceeds these limits, we may temporarily restrict your access.
3.7 Technical requirements
To use Navicor, you need an internet connection and a supported, up-to-date web browser. The Service may be inaccessible or may not work correctly if your browser or device does not meet our minimum requirements. You are responsible for your own equipment and internet access.
4. Your account
4.1 Creating an account
You need an account to use Navicor. You agree to provide accurate, current and complete information, including your name and professional role, and to keep it up to date.
4.2 One account per person
Each account is for one named individual. You may not share your login credentials or let anyone else use your account. Organizations that need access for several clinicians should purchase one subscription per user or contact us about team plans.
4.3 Keeping your account secure
You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us immediately at support@augurymedical.com if you suspect unauthorized access.
4.4 Closing your account
You can close your account at any time by contacting us at support@augurymedical.com. Closing your account cancels your subscription as described in Section 5.8.
5. Subscriptions, billing and payments
5.1 Plans and pricing
Navicor is offered as a paid subscription. Current plans, prices and billing periods are shown at checkout. Prices are in US dollars.
5.2 Free trials
We may offer a free trial. We will tell you the trial length and the price that applies afterwards before you start. Unless you cancel before the trial ends, your paid subscription will begin automatically and you will be charged at the end of the trial.
5.3 Payment
Payments are processed by our payment provider, Stripe. By providing a payment method, you authorize us to charge the subscription fee, plus any applicable taxes, at the start of each billing period. We do not store your full card details.
5.4 Automatic renewal
Your subscription renews automatically at the end of each billing period for the same period length, at the then-current price, until you cancel.
5.5 Price changes
We may change our prices. We will notify you at least 30 days before a price change applies to your subscription, and the new price will apply from your next billing period. If you do not agree, you can cancel before the change takes effect.
5.6 Taxes
Prices do not include applicable sales, use, value-added or similar taxes, which will be added where required by law.
5.7 Failed payments
If a payment fails, we may retry the charge and ask you to update your payment method. If we have not received payment within 14 days, we may suspend your access until payment is made.
5.8 Cancellation
You can cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You keep access until then and will not be charged again.
5.9 Refunds
Payments are non-refundable, and we do not provide refunds or credits for partial billing periods, except where required by law or as stated in Section 3.4.
7. Intellectual property and feedback
7.1 Our intellectual property
The Service — including its software, design, decision logic, content, and the Augury Medical and Navicor names and logos — is owned by Augury Medical or our licensors and is protected by intellectual property laws. These Terms do not transfer ownership of anything to you; all rights not expressly granted are reserved.
7.2 Clinical guidelines
Navicor references clinical practice guidelines published by third parties, such as the ACC and AHA, which own those guidelines. Augury Medical is not affiliated with, and Navicor is not endorsed by, any guideline-issuing organization.
7.3 Feedback
If you send us suggestions or feedback about the Service, we may use them freely and without obligation to you.
8. Support and reporting issues
For questions, support or complaints, contact us at support@augurymedical.com. We aim to respond within 2 business days.
If you believe Navicor has produced an incorrect or potentially unsafe output, please tell us promptly at support@augurymedical.com, with "Clinical content" in the subject line, so we can investigate.
9. Suspension and termination
9.1 By you
You may stop using the Service and close your account at any time (see Sections 4.4 and 5.8).
9.2 By us
We may suspend or terminate your access, with notice where reasonably possible, if: you breach these Terms; your payment is overdue (Section 5.7); we reasonably believe your use creates a risk to patients, other users or us; or we are required to do so by law or a regulator, or to maintain the Service's regulatory status. We may also discontinue the Service entirely with 30 days' notice, in which case Section 3.4 applies.
9.3 Effect of termination
When your account ends, your license ends and you must stop using the Service. Except as stated in Sections 3.4 and 5.9, fees already paid are non-refundable. Sections 6.3, 7, 10, 11, 12, 13 and 14 continue to apply after termination.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GUIDELINE-BASED OUTPUTS MAY NOT REFLECT THE MOST CURRENT CLINICAL EVIDENCE, YOUR PATIENT'S FULL CLINICAL PICTURE OR LOCAL STANDARDS OF CARE, AND ARE NOT A SUBSTITUTE FOR INDEPENDENT CLINICAL JUDGMENT.
11. Limitation of liability
11.1 To the maximum extent permitted by applicable law, Augury Medical will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to the Service or these Terms.
11.2 To the maximum extent permitted by applicable law, our total liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) USD 100.
11.3 Nothing in these Terms excludes or limits liability for intent or gross negligence, or any other liability that cannot be excluded or limited under applicable law.
12. Indemnification
You agree to indemnify and hold harmless Augury Medical and its officers, employees and agents from any third-party claims, losses and costs (including reasonable legal fees) arising from (a) your breach of these Terms, (b) your misuse of the Service, or (c) your clinical decisions and the care you provide to patients.
13. Governing law and disputes
13.1 Informal resolution first. If you have a dispute with us, please contact us at support@augurymedical.com first. We will try to resolve it informally within 30 days before either of us starts formal proceedings.
13.2 Governing law. These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
13.3 Jurisdiction. The exclusive place of jurisdiction is Bern, Switzerland, subject to any mandatory jurisdiction rules that cannot be waived.
14. About these Terms
14.1 Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you by email or in the Service at least 30 days before they take effect, and we will ask you to accept the updated Terms when you next log in after they take effect. You will need to accept the updated Terms to continue using the Service. If you do not agree, you may cancel your subscription before the changes take effect. Non-material changes, such as clarifications or corrections, take effect when we update the "Last updated" date above.
14.2 Entire agreement. These Terms, together with the Privacy Policy and any separate written agreement under Section 1.3, are the entire agreement between you and us about the Service and replace any prior agreements on that subject.
14.3 Severability and waiver. If any provision of these Terms is found invalid or unenforceable, the rest remain in effect. Our failure to enforce any provision is not a waiver of our right to do so later.
14.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, for example in connection with a merger, acquisition or sale of assets, provided your rights under them are not reduced.
14.5 Events outside our control. We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, such as outages of third-party infrastructure, internet failures, or acts of government.
14.6 Notices. We may send you notices by email to the address on your account or within the Service. Legal notices to us should be sent to support@augurymedical.com and to our registered address.
14.7 Language. These Terms are drafted in English. If we provide a translation, the English version prevails.
15. Contact
Augury Medical GmbHQuellgasse 21
2502 Biel/Bienne, Switzerland
support@augurymedical.com