Terms of Use
Effective Date: Janary 11, 2025
Welcome to Keris. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:
- Email: dpa@keris.ai
- Address: 1000 N West Street, Wilmington, Delaware 19801
These Terms of Use (the “Terms”) are a binding contract between you and Keris, Inc. (“Keris,” “we,” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy, which is published at https://keris.ai/privacy. To the extent you use the Services as part of participation in a research study, you may be subject to additional policies, rules, and/or conditions related to the study.
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms and limitations of liability.
What about my privacy?
Keris takes the privacy of its users very seriously. For the current Keris Privacy Policy, visit https://keris.ai/privacy.
How does Keris function?
Keris provides a platform for individuals willing to participate in Institutional Review Board (IRB) approved research studies, allowing them to gather, preserve, and share their health data with investigators. As a participant in a research study, you may be mandated to provide specific data, information, or permissions to register, as stated in your Informed Consent Form. For more details, refer to your Informed Consent Form. Keris has the right to restrict service access to certain individuals who are actively participating or are involved in clinical trials or other research studies. You consent to give us precise, comprehensive, and current information about yourself. You are prohibited from using another individual’s name or identifying details without their consent.
You assert and assure that you are legally capable of forming a binding agreement (if this isn’t the case, you must have received your parent’s or guardian’s consent to use our Services, and they must agree to these Terms on your behalf). If you are accepting these Terms for an organization or entity, you assert and assure that you are authorized to agree to these Terms on their behalf and obligate them to these Terms (in such cases, the terms “you” and “your” in these Terms refer to that organization or entity, except in this paragraph).
You are responsible for securing your credentials or other access tools. You bear the responsibility for any activity associated with your use of our Service. Your use of the Services must comply with all applicable laws. If your use of the Services is legally forbidden, then you are not permitted to use the Services.
No Medical Advice; Not for Emergencies
Keris does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and communicative purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy, or other healthcare advice by Keris.
The Services are not meant to diagnose or treat any conditions—only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate, and effective based on your needs. Keris is not responsible for the accuracy of information and materials it obtains from others and utilizes as part of the Services. If you receive an independent clinical review from a medical professional through the Services, Keris is not responsible for the accuracy or appropriateness of the medical professional’s care or communications. You understand that by accessing or using the Services, you are not entering into a provider-patient relationship with Keris. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services.
You acknowledge that although some User Content (defined below) may be provided by individuals in the medical profession, the provision of such User Content does not create a medical professional/patient relationship between you and Keris or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. Healthcare providers and patients should always obtain applicable diagnostic information from appropriate trusted sources.
THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Keris sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you agree that Keris may send you information regarding the Services, which may include Keris using automated dialing technology to text you at the wireless number you provided.
What are my entitlements within Keris’s Services?
When you’re willing to participate in a research study and utilize Keris’s Services, as stipulated in your Informed Consent Form, Keris may gather your health data on your behalf from the relevant sources, utilize it, and share this information with the research study. The dissemination of your information is strictly limited to the study’s usage, and it is collected for the duration of the study. In some scenarios, you may be required to grant authorizations to access specific healthcare records, such as those from your health insurance plan or providers.
You maintain access to any health data from your regular clinical care that Keris collects on your behalf. You endow Keris with certain rights. Concerning the data or other content or materials you make accessible via the Service or share with other recipients (collectively, “User Data”), you assert and guarantee that you possess all rights, titles, and interests in and to such User Data, including, without restriction, all copyrights and rights of publicity contained therein. By uploading or making any User Data accessible, you hereby grant Keris a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to copy, display, upload, distribute, store, modify, and use your User Data in connection with the development and operation of the Service.
Acknowledgement of Our Service Content, Software, and Trademarks Rights: You acknowledge that the Service may include data, data models, graphics, illustrations, derivative works, and other content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly permitted by Keris, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except for your own User Data. You agree to comply with all copyright notices, trademark rules, information, and restrictions contained in any Service Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any Service Content that you do not own, (i) without the prior consent of the owner of that Service Content or (ii) in a way that infringes upon someone else’s (including Keris’s) rights.
Keris endows you with certain rights: Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) the Service Content strictly for the purposes of utilizing the Services. The use, reproduction, modification, distribution, or storage of any Service Content for any other purpose is expressly forbidden without prior written permission from us. You acknowledge that Keris owns the Services. You won’t alter, publish, transmit, partake in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or exploit any of the Services. While the Services may permit you to copy or download certain Service Content, please bear in mind that all the restrictions in these Terms still apply, even when such functionalities exist.
What are the limitations on my usage of the Services?
You pledge, assure, and agree not to contribute anything, including any User Data, to the Services, nor use or interact with the Services, in a way that:
- Infringes or breaches intellectual property rights or any other rights of any party (including Keris);
- Violates any law or regulation, including privacy laws;
- Is deemed harmful, dangerous, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise unacceptable;
- Risks the security of your or anyone else’s information;
- Attempts in any way to acquire the password, account, or other security information from any other user;
- Breaches the security of any computer network or decrypts any passwords or security encryption codes;
- Executes Maillist, Listserv, any kind of auto-responder or “spam” on the Services, or any processes that operate or are activated while you are not logged into the Services, or that otherwise disrupt the efficient functioning of the Services (including by placing an excessive load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or part of or associated with the Services or Content (through manual or automated means);
- Duplicates or stores any substantial part of the Service Content; or
- Decompiles, reverse engineers, or otherwise attempts to access the source code or underlying ideas or information pertaining to the Services.
Breaching any of the aforementioned terms is grounds for revoking your rights to use or access the Services.
Who is responsible for what I see and do on the Services?
Any information or Service Content publicly posted or privately transmitted through the Services is the sole responsibility of the person or entity from whom such Service Content originated, and you access all such information and Service Content at your own risk. We aren’t liable for any errors or omissions in that information or Service Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Service Content or what actions you may take as a result of having been exposed to the Service Content, and you hereby release us from all liability for you having acquired or utilized Service Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all User Data you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Keris. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Keris is not responsible for such risks.
You may direct Keris to retrieve your information, including information maintained online by third parties with which you have customer or patient relationships, maintain accounts, or engage in transactions. Keris has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in, any third-party websites or by any third party that you interact with through the Services. In addition, Keris will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Keris is under no obligation to become involved. In the event that you have a dispute with any user or third party, you release Keris, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age.
We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@keris.ai.
Could Keris modify the Services or Terms?
We constantly strive to enhance our Services, meaning they may evolve over time. We may pause or cease any aspect of the Services, introduce new features, or place limitations on specific features, or restrict access to certain parts or the entirety of the Services. We also reserve the right to remove any Service Content from the Services at any point, for any reason (for instance, if it’s alleged that you have violated these Terms by contributing certain data), at our sole discretion, and without prior notification.
These Terms may require updates in line with modifications to our Services. We hold the right to revise these Terms whenever necessary. Should we do so, we will post an alert on our website at https://keris.ai/terms, send you an email, and/or notify you by other appropriate means.
If you continue to use the Services following an effective change to the Terms, it indicates your acceptance of all modifications to the Terms.
Except for the changes made by us as outlined here, and where you have agreed to additional policies, rules, or conditions pertaining to your participation in a research study, no other alterations or modifications to these Terms will be considered valid unless they are in written form and signed by both parties, you and us.
Are there any costs associated with the Services?
At present, the Services are provided to individual users at no cost, but we maintain the right to institute charges for select or all Services in the future. Should we decide to impose a fee for any Services you’re currently using, we will inform you and provide a fair grace period before implementing the charges. If you decide to continue using such Services, you will be required to pay all corresponding fees for those Services.
What if I want to stop using the Services?
You’re free to do that at any time by following the instructions in your study’s Informed Consent Form or contacting us at dpa@keris.ai; please refer to our Privacy Policy, published at https://keris.ai/privacy, as well as the licenses above, to understand how we treat information and data you provide to us after you have stopped using our Services.
Keris is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Keris has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
What else do I need to know?
Warranty Disclaimer
Keris and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Keris and all such parties together, the “Keris Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Keris Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising out of use of, or in any way related to your participation in, the Services. The Keris Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY KERIS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE KERIS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold the Keris Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Keris’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law
These Terms are governed by and will be construed under applicable federal law and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Miscellaneous
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Keris agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Keris, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Keris, and you do not have any authority of any kind to bind Keris in any respect whatsoever. You and Keris agree there are no third-party beneficiaries intended under these Terms.