1. Acceptance of Terms
By accessing or utilizing Pocket Gull ("Service") at pocketgull.app, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms constitute a legally binding agreement between you and PocketGull LLC, an Oregon limited liability company based in Portland, Oregon ("PocketGull," "we," "us," or "our"). If you do not agree to these Terms, you may not use the Service.
2. Description of Service
Pocket Gull provides clinical intelligence tools, patient state management, and real-time streaming AI consult features including:
- Interactive 3D skeletal and organ spatial telemetry rendering
- Integrative care plan strategy synthesis powered by Google Gemini foundation models
- Google Health API biometric data syncing (with informed user consent)
- Multi-lens clinical assessments (Western, Functional, Eastern, Ayurvedic)
3. Non-Diagnostic Medical Disclaimer & FDA CDS Notice
4. User Eligibility
You must be at least 18 years of age and legally authorized to handle patient or personal health data in your jurisdiction to use Pocket Gull.
5. Account & Access
Users are responsible for maintaining secret key confidentiality and securing local browser access. Do not share API keys or credentials publicly.
6. AI Transparency & "AS IS" Output Disclaimer
7. Health API Scopes & User Consent
Biometric data from Google Health API is accessed only with explicit OAuth 2.0 authorization, used ephemerally in memory during active sessions, and never transferred, sold, or retained for advertising.
8. Acceptable Use Policy
You agree not to reverse-engineer, exploit vulnerabilities, input unauthorized PHI without consent, or bypass safety guardrails built into the platform.
9. Open Source & Intellectual Property
Pocket Gull core components are released under the permissive MIT License. Brand lettering ("PocketGull") and proprietary clinical radar engines remain the exclusive intellectual property of PocketGull LLC.
10. Limitation of Liability & Clinician Indemnification
Strict Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POCKETGULL LLC, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF DATA, MEDICAL MALPRACTICE, CLINICAL COMPLICATIONS, OR WRONGFUL DEATH) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE.
IN ALL CASES, THE TOTAL AGGREGATE LIABILITY OF POCKETGULL LLC FOR ANY AND ALL CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO POCKETGULL LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
Clinician Indemnification: Healthcare professionals and institutional customers agree to defend, indemnify, and hold harmless PocketGull LLC from and against any claims, liabilities, damages, and expenses (including reasonable attorney fees) arising from the clinician's independent medical diagnosis, treatment orders, or patient interactions.
11. Governing Law, Mandatory Arbitration & Class Action Waiver
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.
Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the exclusive venue in Multnomah County (Portland, Oregon).
Class Action Waiver: YOU AND POCKETGULL LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. FTC & Amazon Affiliate Disclosures
PocketGull LLC participates in the Amazon Services LLC Associates Program. As an Amazon Associate, PocketGull earns from qualifying purchases. Recommended supportive wellness items (e.g. ergonomic pillows, light therapy lamps) are evidence-grounded non-prescription tools, not pharmaceutical prescriptions. Affiliate links never contain Protected Health Information (PHI).
13. Contact Legal & Compliance
For questions or legal notices regarding these Terms:
- PocketGull LLC
- Location: Portland, Oregon, USA
- General Legal: hello@pocketgull.app
- Privacy & Security: dpo@pocketgull.app