Terms of Use

Last Updated:

1. AGREEMENT TO TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Oculi Medical Corp. (doing business as Kim) ("we," "us," or "our"), governing your access to and use of the Kim mobile application ("App") and our website at oculimedical.com ("Website"), collectively referred to as the "Services."

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of changes by updating the "Last updated" date at the top of these Terms. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.

2. ELIGIBILITY

You must be at least 13 years of age (or the minimum age in your jurisdiction) to use the Services. If you are between 13 and 17 years of age, you may use the Services only with the consent of a parent or guardian, where required by applicable law (including GDPR in the EU/UK, which generally requires parental consent for users under 16). By using the Services, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

3. DESCRIPTION OF SERVICES

Kim is an AI-powered health assistant mobile application that provides the following features:

  • Conversational AI wellness chat (voice and text) as the primary interface, powered by Anthropic (Claude)

  • Voice-based interactions powered by Inworld for hands-free conversational use

  • Apple HealthKit integration that allows Kim, with your permission, to read health and fitness data available in Apple Health, including data that may be written to Apple Health by Apple Watch or compatible third-party apps and wearable devices such as Oura, Whoop, Garmin, Fitbit, and others

  • Photo-based calorie and food tracking

  • Food, supplement, mood, and exercise logging through both manual entry and conversation

  • Supplement logging and general wellness education

  • Data dashboards across all logged and synced data

  • N-of-1 self-experiment tracking with personal effect reporting

  • Automated morning briefings (proactive daily updates)

  • Automated weekly reports

  • Wellness Q&A using web search and source citations

  • Wellness trend estimates based on user-provided data

The Services are provided for informational and educational purposes only and are not intended to replace professional medical care (see Section 4).

We are constantly updating and improving the Services. We may add, alter, or remove features, functionalities, or AI integrations at our sole discretion without prior notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4. NOT MEDICAL ADVICE DISCLAIMER

Kim is not a medical device. The Services do not provide medical diagnoses, treatment recommendations, or professional medical advice. All wellness insights, suggestions, trend estimates, and information provided through Kim are generated using artificial intelligence services, including Anthropic (Claude) and Inworld, and are for informational and educational purposes only.

Forecasts and Projections. Any forecasts, projections, or trend estimates provided through the Services are illustrative estimates generated by AI based on patterns in your current data. They are not medical predictions, prognoses, or guarantees of future outcomes. Forecasts may be inaccurate, incomplete, or misleading and should not be relied upon for medical decision-making. You should not interpret any forecast as a diagnosis or prediction of any specific disease, condition, or health event.

The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information provided by the Services.

Kim does not claim to detect, diagnose, treat, cure, or prevent any disease or health condition. If you think you may have a medical emergency, call your doctor or emergency services immediately.

Supplements. Kim does not prescribe supplements, determine supplement dosages, or recommend starting, stopping, or changing any medication or supplement. Any supplement-related information provided through Kim is for general wellness education only, and you should consult a qualified healthcare provider before making changes.

You acknowledge and agree that we are not responsible or liable for any wellness-related choices or medical decisions you make based on information, insights, or forecasts provided through the Services.

AI Limitations. You acknowledge that artificial intelligence systems, including those provided by Anthropic and Inworld, can produce inaccurate, incomplete, biased, or hallucinatory outputs. The wellness insights, suggestions, and trend estimates generated by Kim are not guaranteed to be correct. You agree to independently verify any information before making wellness-related choices or medical decisions and that you will not rely solely on the Services for any medical purpose.

5. USER ACCOUNTS

To access certain features of the Services, you must create an account using Apple Sign-In. When you create an account, you agree to:

  • Provide accurate, current, and complete information

  • Maintain and promptly update your account information

  • Maintain the security and confidentiality of your login credentials

  • Accept responsibility for all activities that occur under your account

  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms.

6. USER DATA AND HEALTH INFORMATION

By using the Services, you may provide us with personal and health-related information, including but not limited to health and fitness data from Apple HealthKit, including data that may originate from wearable devices or third-party apps that write data to Apple Health, food and nutrition logs, supplement logs, mood logs, exercise logs, photos, voice recordings, and other wellness-related inputs.

You acknowledge and agree that:

  • You are providing this information voluntarily

  • You are responsible for the accuracy of the information you provide

  • Your data will be processed by third-party AI service providers (Anthropic and Inworld) to generate personalized wellness insights and voice interactions

  • Your data will be stored on servers operated by Google Cloud Platform (Google Cloud) and MongoDB Atlas located in the United States

  • Our collection, use, and sharing of your personal information is governed by our Privacy Policy

7. APPLE HEALTHKIT DATA

If you choose to connect Apple HealthKit to Kim, you authorize us to access and read your health and fitness data as permitted by your device settings. You may revoke this access at any time through your device Settings under Health > Data Access & Devices.

Data obtained through Apple HealthKit APIs is used solely to provide personalized wellness insights within the App. We do not use HealthKit data for advertising, marketing, or data mining purposes. HealthKit data is not sold to or shared with third parties for advertising, marketing, or data brokerage purposes. We do not store HealthKit data in iCloud.

8. ARTIFICIAL INTELLIGENCE SERVICES

The Services use third-party artificial intelligence technologies to process your information and generate wellness insights. These include:

  • Anthropic (Claude) — for conversational AI, wellness analysis, and food photo analysis

  • Inworld — for voice transcription, voice processing, and AI voice features

You acknowledge and agree that:

  • AI-generated content may not always be accurate, complete, or up-to-date

  • AI-generated wellness insights are not a substitute for professional medical advice

  • Your data will be transmitted to and processed by these third-party AI providers

  • We do not guarantee the accuracy, reliability, or completeness of any AI-generated output

  • You should independently verify any information provided by the AI before making wellness-related choices or medical decisions

You understand and agree that AI-generated content may contain errors, may not reflect the most current medical knowledge, and should never be used as a substitute for professional medical judgment. Oculi Medical Corp. and its AI service providers make no warranties regarding the accuracy, reliability, or suitability of any AI-generated output.

When you ask a question that uses web search, Kim may use Anthropic's web search functionality to retrieve publicly available information and source citations for informational wellness context.

Before personal or health-related data is transmitted to third-party AI service providers for AI wellness insights, we will present an in-app consent prompt explaining what data will be shared and for what purpose. If you decline, some AI features may not be available, but you may continue using non-AI features where available.

9. FEEDBACK AND IMPROVEMENTS

If you provide any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

10. ACCEPTABLE USE

You agree not to use the Services to:

  • Violate any applicable law or regulation

  • Provide false, misleading, or inaccurate information

  • Impersonate any person or entity

  • Attempt to gain unauthorized access to any part of the Services

  • Interfere with or disrupt the integrity or performance of the Services

  • Upload or transmit viruses, malware, or other harmful code

  • Use the Services for any commercial purpose not expressly permitted by us

  • Reverse engineer, decompile, or disassemble any part of the Services

  • Use the Services in any way that violates the terms or policies of our AI Service Providers

  • Attempt to extract or scrape data from the Services using automated means

11. INTELLECTUAL PROPERTY

The Services, including all content, features, functionality, software, text, displays, images, and the design, selection, and arrangement thereof, are owned by Oculi Medical Corp., its licensors, or other providers of such material and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The name "Kim," the Oculi Medical Corp. name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Oculi Medical Corp. You must not use such marks without our prior written permission.

12. USER-GENERATED CONTENT

By submitting, posting, or uploading any content through the Services (including but not limited to food photos, wellness logs, voice recordings, and chat messages), you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit such content solely to provide, maintain, secure, and improve the functionality of the Services for you, and not for advertising or training third-party AI models.

You represent and warrant that you own or have the necessary rights to all content you submit and that such content does not violate the rights of any third party.

We do not use your user-generated content to train or improve our AI models.

13. THIRD-PARTY SERVICES AND LINKS

The Services may integrate with or contain links to third-party websites, services, or content, including Apple HealthKit, Apple Sign-In, and Anthropic's web search service. We do not control and are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE

  • THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE

  • ANY WELLNESS INSIGHTS, SUGGESTIONS, OR INFORMATION PROVIDED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE

  • ANY DEFECTS IN THE SERVICES WILL BE CORRECTED

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCULI MEDICAL CORP., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES

  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES

  • ANY WELLNESS-RELATED CHOICES OR MEDICAL DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICES

  • ANY AI-GENERATED CONTENT, INSIGHTS, OR RECOMMENDATIONS

  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

  • ANY ERRORS, INACCURACIES, OR OMISSIONS IN DATA PROCESSING

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR (B) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Oculi Medical Corp. and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Services.

17. TERMINATION

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

You may terminate your account at any time by:

  • Using the account deletion feature within the App settings

  • Contacting us at info@oculimedical.com

Upon account termination, we will delete or anonymize your personal information in accordance with our Privacy Policy.

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to the courts of competent jurisdiction in British Columbia, Canada.

CLASS ACTION WAIVER: YOU AND OCULI MEDICAL CORP. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

19. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. APPLE APP STORE TERMS

The following terms apply if you download the App from the Apple App Store:

Scope of License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions and applicable usage rules.

  • These Terms are concluded between you and Oculi Medical Corp., not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.

  • Apple has no obligation to provide maintenance or support services for the App.

  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.

  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim.

  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

  • You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

21. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

22. WAIVER

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Oculi Medical Corp. regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

24. CONTACT US

If you have any questions about these Terms, please contact us at:

Oculi Medical Corp.
2201, 3008 Glen Drive
Coquitlam, British Columbia V3B 0J5
Canada

Email: info@oculimedical.com