1. Definitions
In these terms and conditions:
"Mildmay Hospital", “we”, “us” or “our” means Mildmay Hospital LTD, a registered charity in England and Wales (292058).
"MACH" means the multilingual digital health support tool, software application, and related services known as ‘MACH’.
"Service" refers collectively to the MACH application, the website (machhealth.co.uk) and any related services delivered through its fine-tuned RAG-based AI model.
"Material" means all information, data, text, graphics, links, computer code, or other material published on, contained within, or available on the Website.
"User", “you” or “your” means the individual or organization accessing the Website or using the Service.
2. Description of the Service
2.1 Purpose and Scope
MACH is a multilingual digital health support tool providing information on HIV to people living with HIV, people with certain risk factors for HIV, carers of people living with HIV, or anyone needing more information on HIV. Our product uses a fine-tuned RAG-based large language model to provide safe and effective information to the general public.
2.2 Right to Modify or Refuse
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
3. Your use of the Service
3.1. General Acceptance and Amendments
- Acceptance of Terms: By using the Service, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree, you must not use the Website or the Service.
- Right to Amend: Mildmay Hospital may amend or revise these terms and conditions at any time by updating the text of this page.
- Territory: The Service is intended for use by UK residents in relation to their activities within the UK.
3.2 Permitted Use of Material
You can view any parts of the Website and use the Material contained on the Website for your own purposes provided you:
- Personal Use: Use it for information purposes and/or reproduction for personal use only, and not for reproduction on any other website or for commercial gain.
- Linking: Notify and seek Mildmay Hospital’s approval before creating any links to the Website.
- Storage and Transmission: Do not copy, store, or transmit in any form or by any means to any third party, any part of the Website, without Mildmay Hospital’s written permission.
3.3. User Obligations
You must:
- Legal Compliance: Comply with all applicable laws and professional obligations in connection with these Terms and your use of MACH and any related services.
- Patient Consent: Receive consent from your patient to share personal and sensitive information with MACH if mandatory in your jurisdiction.
- Cooperation: Cooperate and comply with all reasonable directions of Mildmay Hospital in relation to your use of MACH.
- Usage Policy: Comply with MACH’s Platform Usage Policy as notified to you from time to time.
- Reporting: Notify Mildmay Hospital immediately if you become aware of any actual or potential defect in MACH or related services, or any complaint reported by any other person in connection with MACH.
- Full Compliance: Comply with these Terms in full at all times.
3.4. Prohibited Activities
Except as otherwise permitted under these Terms, you must not:
- Unauthorized Transfer: Distribute, sub-license, or otherwise transfer all or any part of MACH to any other person.
- Security Interests: Grant any security interest over MACH.
- Reverse Engineering: Attempt to disassemble, decompile, or otherwise reverse engineer the Service, except as permitted by applicable copyright laws.
- Modification: Alter, customise, modify, or create derivative works of MACH.
- Cyber Risks: Expose MACH, or any data, to reasonably avoidable cyber risks.
- Proprietary Notices: Remove, obliterate, or alter any proprietary notice on MACH.
- Reputation: You must not do any act that would have an adverse impact on the reputation or standing of MACH or Mildmay Hospital.
- Unlawful Acts: You must not do any act that is unlawful or is prohibited by any Laws applicable to MACH.
4. Copyright
Mildmay Hospital is the owner or licensee of the copyright in the Material. Unauthorised use of the Material (including reproduction, storage, modification, distribution or republication) without the prior written consent of the copyright holder(s) is not allowed.
5. Medical Disclaimer
5.1 Not a Medical Device
MACH is intended as a digital support tool and is therefore not classified as a medical device. The service should not replace any existing recommendations that have been given by a healthcare professional.
5.2 Clinical Intent
The content and service provided is not intended to diagnose, treat, cure, or prevent any disease or condition. Users should not rely solely on the Service for critical clinical functions or medical decisions.
6. Compliance
6.1 Access Requirements
By accessing and/or using MACH, you agree to these Terms. You confirm that you have the power and authority to enter into and perform the obligations under these Terms.
6.2 Regulatory Standards
MACH operates within the NHS and is designed to be DTAC (Digital Technology Assessment Criteria- assessment underway) and GDPR compliant. The underlying tech stack includes Microsoft Azure and is hosted at machhealth.co.uk.
7. Data Processing and Technical
7.1 Technical and Organisational Measures
Mildmay Hospital applies the following measures to ensure data security:
Compliance
MACH Services aim to be compliant with the NHS DTAC and is currently undergoing assessment
Infrastructure
The service is supported by ISO27001-certified infrastructure (Azure) and maintains an NHS Data Protection and Security Toolkit submission of ‘Standards Met’.
Encryption
Data is securely transmitted via SSL/TLS (HTTPS).
Sensitive Data
No personal information is collected, used, or distributed in any way.
7.2 Privacy and Ownership
Mildmay Hospital owns all intellectual property rights in the Services and Documentation. We do not use health information data for any purpose other than to provide the specific Services requested.
8. Limitation of liability
Mildmay Hospital will not be liable for any direct, indirect or consequential damages (even if foreseeable) whether based on contract, tort or otherwise, to the fullest extent permitted by law. This includes but is not limited to liability for loss of data or profits; interruptions or delays to the Service; the provision of or failure to provide services; any information, Material, goods and services obtained through the Website; or otherwise arising out of your use of the Website.
9. Privacy Policy
Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us.
10. Force majeure
Mildmay Hospital will not be in breach of its obligations under these terms and conditions, nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control. This includes but is not limited to any act of God, strike, trade dispute, act of terrorism, act or omission of government or regulatory bodies.
11. General
- If any provisions of these terms and conditions are held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions.
- These terms and conditions constitute the entire agreement between you and Mildmay Hospital and supersede all other communications and proposals, whether electronic or written, between the User and Mildmay Hospital.
- Any failure of Mildmay Hospital to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights.
12. Jurisdiction
The terms and conditions and the use by the User of the Website are governed by the laws of England and Wales. Any disputes arising from or relating to the Website, any transactions made on the Website and/or these terms and conditions will be subject to the exclusive jurisdiction of the English courts.