Privacy Policy

Last Updated:

Welcome to Kim. By using our app or website, you agree to the following Terms & Conditions. Please read them carefully.

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 18 years of age or the equivalent minimum age in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet the 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:

  • Integration with wearable devices (Oura, Whoop, Garmin) via Apple HealthKit to display health and fitness data

  • Blood lab result processing through photo and PDF scanning

  • Personalized health insights generated using artificial intelligence

  • Food, supplement, mood, and exercise logging through conversation and photos

  • Health Q&A backed by medical research from PubMed

  • Data dashboards and visualizations

  • N-of-1 self-experiment tracking

The Services are provided for informational and wellness 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 health insights, recommendations, and information provided through Kim are generated using artificial intelligence services, including Anthropic (Claude), OpenAI, and Inworld, and are for informational and educational purposes only.

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.

You acknowledge and agree that we are not responsible or liable for any health decisions you make based on information provided through the Services.

5. USER ACCOUNTS

To access certain features of the Services, you must create an account. 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 wearable devices, blood biomarker results, food and nutrition logs, photos, and other health-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, OpenAI, and Inworld) to generate personalized health insights

  • Your data will be stored on servers located in the United States using MongoDB Atlas and Google Cloud Platform

  • 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 health 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 health insights. These include:

  • Anthropic (Claude) — for conversational AI, health analysis, image analysis, and blood lab optical character recognition

  • OpenAI — for audio transcription

  • Inworld — for interactive AI experiences

You acknowledge and agree that:

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

  • AI-generated health 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 health decisions

9. 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

10. 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.

11. USER-GENERATED CONTENT

By submitting, posting, or uploading any content through the Services (including but not limited to food photos, lab result images, health logs, and chat messages), you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit such content solely for the purpose of providing and improving the Services.

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.

12. SUBSCRIPTIONS AND PAYMENTS

Certain features of the Services may require a paid subscription. If you purchase a subscription:

  • Payment will be processed through Apple's in-app purchase system or Stripe

  • Subscriptions automatically renew unless cancelled before the end of the current billing period

  • You can manage and cancel your subscription through your device's App Store settings

  • Prices may change with reasonable notice, and continued use after a price change constitutes acceptance

  • Refunds are handled in accordance with Apple's App Store refund policies. We do not offer refunds directly; all refund requests must be processed through the App Store.

13. THIRD-PARTY SERVICES AND LINKS

The Services may integrate with or contain links to third-party websites, services, or content, including Apple HealthKit, Google Sign-In, PubMed, and Open Food Facts. 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 HEALTH INSIGHTS, RECOMMENDATIONS, 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 HEALTH 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 THE HEALTH DATA PROCESSING

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.

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:

  • 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