Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Neijing Lab ("the Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Service.

You must be at least 13 years of age to use the Service in the United States, and at least 16 years of age if you are located in the European Economic Area (EEA), United Kingdom, or any jurisdiction that requires a minimum age of 16 for data processing consent. By using the Service, you represent and warrant that you meet these age requirements.

2. Service Description

Neijing Lab is an educational wellness platform that uses artificial intelligence to analyze tongue images and provide educational insights bridging Traditional Chinese Medicine (TCM) concepts with modern Western biochemistry. The Service includes tongue analysis, health journaling, trend tracking, and a digital library.

Neijing Lab is not a medical device, is not regulated by the U.S. Food and Drug Administration (FDA), and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Service has not been evaluated or cleared by any governmental health authority in any jurisdiction.

3. Educational Use Only — Not Medical Advice

4. No Doctor-Patient Relationship

Use of this Service does not establish a doctor-patient relationship, practitioner-client relationship, or any other healthcare provider relationship. The educational outputs reflect general biochemical and Traditional Chinese Medicine (TCM) pattern mappings and are not tailored clinical directives. No licensed healthcare professional has reviewed your individual results. You acknowledge that the AI-generated content is algorithmic in nature and may contain inaccuracies.

5. User Eligibility & Age Restrictions

• United States: You must be at least 13 years old to use the Service, in compliance with the Children's Online Privacy Protection Act (COPPA).
• European Economic Area & United Kingdom: You must be at least 16 years old, in compliance with the General Data Protection Regulation (GDPR).
• Other Jurisdictions: You must meet the minimum age required by your local laws for consenting to data processing and using online services.
• If we learn that a user under the applicable minimum age has created an account, we will promptly delete the account and all associated data.

6. Account & Subscriptions

• You must provide accurate information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• Free accounts receive 1 tongue scan per day. Premium subscribers receive 3 scans per day plus additional features.
• Subscriptions are billed on a recurring monthly basis via Stripe and will automatically renew each billing cycle unless cancelled. This auto-renewal disclosure is provided in compliance with California (CA Civil Code § 1694.2) and New York (GBL § 527-a) auto-renewal laws.
• You may cancel your subscription at any time through your account profile. Cancellation takes effect at the end of the current billing period.
• Refunds are handled on a case-by-case basis. Contact us within 7 days of a charge for refund requests.

7. Biometric Data & Tongue Image Consent

8. Acceptable Use

You agree not to:

• Upload images that are not tongue photographs (e.g., inappropriate, offensive, or unrelated content).
• Attempt to circumvent subscription restrictions, rate limits, or access controls.
• Use the Service for commercial purposes, resale, or redistribution without written permission.
• Reverse-engineer, decompile, or attempt to extract the source code or AI models of the Service.
• Use the Service to generate content that misrepresents AI-generated educational insights as medical diagnoses.
• Interfere with or disrupt the integrity or performance of the Service.

9. Intellectual Property

All content, branding, technology, AI models, and proprietary methodologies within Neijing Lab are the exclusive property of Neijing Lab and are protected by applicable intellectual property laws. Your uploaded images and generated reports belong to you and are stored in your private account. We do not claim ownership of your personal data or uploaded content.

10. Data Retention & Deletion Rights

• Your data (account information, tongue images, analysis reports, journal entries) is retained for as long as your account is active.
• You may request deletion of your account and all associated data at any time by contacting neijinglab@gmail.com.
• Upon receiving a valid deletion request, we will permanently delete all personal data within 30 days, except where retention is required by law.
• These rights are provided in compliance with the California Consumer Privacy Act (CCPA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), and the EU General Data Protection Regulation (GDPR).

11. HIPAA Disclaimer

Neijing Lab is not a "covered entity" or "business associate" as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Service does not collect, store, or transmit "protected health information" (PHI) as defined by HIPAA. Neijing Lab is a consumer educational wellness application and is not subject to HIPAA regulations.

12. U.S. State-Specific Disclosures

13. International Users — GDPR Compliance

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, the following applies:

• Legal Basis for Processing: We process your personal data based on your explicit consent (Article 6(1)(a) GDPR), which you provide when creating an account and uploading tongue images.
• Right to Erasure: You may request complete deletion of your personal data at any time.
• Right to Data Portability: You may request a copy of your personal data in a structured, machine-readable format.
• Right to Restrict Processing: You may request that we limit how we process your data.
• Right to Object: You may object to processing of your personal data.
• Data Transfers: Your data may be transferred to and processed in the United States, where our servers are located. We rely on your explicit consent as the legal basis for this transfer.
• Data Protection Officer: For GDPR-related inquiries, contact us at neijinglab@gmail.com.
• Supervisory Authority: You have the right to lodge a complaint with your local data protection authority.

14. Canadian Users — PIPEDA Compliance

If you are located in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). You have the right to access your personal information, request corrections, and withdraw consent for data processing. To exercise these rights, contact us at neijinglab@gmail.com.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEIJING LAB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT 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 use of or inability to use the Service;
• Any health decisions, lifestyle changes, or actions taken based on the educational content provided by the Service;
• Any unauthorized access to or alteration of your data;
• Any errors, inaccuracies, or omissions in the AI-generated content;
• Any other matter relating to the Service.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. Indemnification

You agree to indemnify, defend, and hold harmless Neijing Lab and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any health decisions or actions you take based on the educational content provided by the Service.

17. Arbitration & Dispute Resolution

18. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

19. Severability & Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Neijing Lab regarding the Service and supersede all prior agreements and understandings.

20. Changes to Terms & Contact

We may update these Terms at any time. Material changes will be communicated via email or a prominent notice within the Service at least 30 days before taking effect. Continued use of Neijing Lab after changes constitutes acceptance of the updated Terms.

For questions about these Terms, contact us at neijinglab@gmail.com.