Terms of Service

Introduction

Welcome to CANCERDAO. These Terms of Service (the “Terms”) form a legally binding agreement between you and EuShan Intelligence Limited (“EuShan”, “Company”, “we”, “us” or “our”) governing your access to and use of the CANCERDAO website, web applications, mobile applications, community features, AI-assisted functions and other related online services that we may provide from time to time (collectively, the “Service”).

Please read these Terms and the CANCERDAO Privacy Policy carefully before using the Service. Provisions relating to medical and health risks, AI outputs, user content and health data, disclaimers, limitations of liability, governing law and dispute resolution may materially affect your rights and should be reviewed with particular care.

By clicking to accept, registering, logging in, accessing, browsing, submitting information, uploading content, using the Service or otherwise indicating acceptance, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Service.

The Service is intended primarily for adults. If you are under 18 years old, you may use the Service only with the consent, supervision and guidance of your parent or legal guardian. If the laws of your location impose a higher minimum age or additional consent requirements, those requirements apply.

1. Service Provider and Scope

1.1 The Service is provided and operated by EuShan Intelligence Limited, a company incorporated in Hong Kong. References to “CANCERDAO”, “we”, “us”, “our” or the “Company” include EuShan Intelligence Limited and, where applicable, its affiliates, service providers or delegates engaged for the operation of the Service.

1.2 These Terms apply to all access to and use of the Service, including the website, web applications, mobile applications, account system, health records, report upload and analysis tools, patient community features, AI-assisted Q&A, content browsing, notifications and customer support. Certain features may be subject to additional terms, operating rules or third-party terms. If additional terms conflict with these Terms, the additional terms govern the relevant feature.

1.3 The Service is offered only in the countries or regions where we make it available. You must not use the Service if doing so is prohibited by the laws applicable to you, and you are responsible for ensuring that your use complies with applicable laws.

1.4 We may update these Terms from time to time for business, technical, compliance, security or service-related reasons. Updated Terms will be made available by website notice, pop-up, in-service notice, email or other reasonable means. Your continued use of the Service after the updated Terms become effective constitutes acceptance of the updated Terms.

2. Nature of the Service and Medical/Health Notice

2.1 CANCERDAO is a health information and personal health management assistant. The Service may include health information organization, report upload and interpretation, personal health record management, educational content, community features, AI-assisted information retrieval and generated responses. The actual functions are subject to the pages, product descriptions and service rules that we make available.

2.2 The Service is not a hospital, clinic, healthcare institution, telemedicine service, medical device, diagnostic system or treatment service unless we expressly state otherwise in writing for a specific feature under separate terms. Content, suggestions, analyses, AI outputs and community information made available through the Service do not constitute medical diagnosis, treatment plans, prescriptions, medical advice or a doctor-patient relationship.

2.3 If you experience discomfort, symptoms, a change in condition, a suspected emergency or any situation requiring professional attention, you should promptly consult a qualified physician or local healthcare provider. In an emergency, contact local emergency services immediately. You must not use the Service to delay, replace or refuse professional medical care.

2.4 AI-assisted functions may generate outputs based on your inputs, public information, model reasoning or third-party technologies. Due to the complexity of medicine, data quality limitations and model limitations, outputs may be inaccurate, incomplete, outdated, omitted, biased or not applicable to your individual circumstances. You should independently assess and verify outputs with qualified professionals and must not rely solely on the Service for medical, legal, financial or other important decisions.

2.5 If the Service displays or links to third-party physicians, institutions, telehealth platforms, medicines, tests, insurance products or other third-party services, those third parties provide their services independently and are responsible for them. Unless expressly stated otherwise, we do not guarantee the qualifications, results, fees, compliance or availability of any third-party service.

3. Eligibility, Registration and Account Security

3.1 You may need to register or log in using an email address, phone number, third-party account or other method supported by us. You must provide true, accurate, complete and up-to-date information and ensure that you are authorized to use the contact details and account credentials that you submit.

3.2 You are responsible for safeguarding your account, password, verification codes, access tokens and devices, and for activities occurring under your account. If you become aware of unauthorized use or a security risk, you must notify us promptly through the contact channels provided in the Service.

3.3 You must not impersonate another person, use another person’s account, misrepresent your qualifications, submit misleading information or obtain or use the Service in violation of applicable law, these Terms or platform rules.

3.4 To protect users, systems and compliance security, if we reasonably believe that your account involves abnormal activity, fraud, misuse, unlawful conduct, infringement, breach of these Terms or risk to system security, we may verify your identity, restrict features, suspend the Service, remove violating content, close the account, prevent re-registration or take other measures permitted by law.

4. User Content and Health Data

4.1 Content that you submit, upload, input, store, post or generate through the Service may include health reports, medical summaries, health records, images, text, prompts, questions, comments, community posts, feedback and AI-generated content (collectively, “User Content”).

4.2 You represent and warrant that you have the necessary rights, permissions or lawful basis for your User Content; that your User Content is lawful and does not infringe any third-party privacy, personal data, likeness, reputation, intellectual property or other rights; and that, where User Content relates to another person’s health information or personal data, you have obtained sufficient authorization or have another lawful basis recognized by applicable law.

4.3 You retain the rights you lawfully hold in your User Content. To provide, maintain, protect, improve and promote the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to copy, host, store, transmit, display, process, adapt, create derivative works from and technically analyze User Content, solely to the extent necessary for the purposes described in these Terms and the CANCERDAO Privacy Policy.

4.4 We process health information and sensitive information in accordance with the CANCERDAO Privacy Policy and applicable law. Unless permitted by applicable law, adequately disclosed in the Privacy Policy or authorized by you, we will not use identifiable health information to train general-purpose models. We may use anonymized, de-identified or aggregated data for security, analytics, product improvement, model evaluation and service optimization where lawful and where the data cannot reasonably identify a specific individual.

4.5 If you voluntarily post content in community or public areas, that content may be viewed, quoted, saved or shared by other users. Do not post personal information, health information, contact details or sensitive content in public areas unless you are comfortable making it public.

4.6 You should keep your own backup of important content. Except as required by law, after you delete content, close your account, stop using the Service or have your Service terminated due to breach, we may delete or anonymize related content in accordance with the Privacy Policy, data retention rules and applicable law.

5. Privacy and Data Protection

5.1 We care about the protection of personal information and health data. The CANCERDAO Privacy Policy explains how we collect, use, store, share, transfer and protect your personal information and forms part of these Terms.

5.2 To provide the Service, we may process your account information, device information, service logs, health materials, uploaded files, interaction records, AI prompts and outputs, payment information (if applicable) and other information you provide. You may manage certain permissions through the Privacy Policy and product settings, but disabling permissions may make some features unavailable.

5.3 To provide and operate the Service, your information may be processed in one or more jurisdictions, including by our service providers. We carry out any cross-border processing or transfer only as necessary for the purposes described in these Terms and the CANCERDAO Privacy Policy, on a recognised lawful basis (such as your consent or appropriate contractual safeguards) and with security measures consistent with applicable data protection law. To the extent we process health or other sensitive information across borders, we do so only where we have a valid lawful basis, including your separate explicit consent where the law requires it; you may withdraw such consent at any time, and withdrawal may mean we can no longer provide certain features. You acknowledge that, given the cross-border nature of the Service, your information may be processed outside your place of residence. Nothing in this clause limits any mandatory right you have under applicable data protection law.

5.4 We use reasonable technical and organizational measures to protect information security, but no internet transmission, electronic storage or third-party system can be guaranteed to be completely secure. You should also take reasonable steps to protect your account, devices and communications.

5.5 You may exercise rights such as access, correction, deletion, withdrawal of consent, restriction of processing, data portability and complaints where available under applicable law and the Privacy Policy.

6. Acceptable Use and Prohibited Conduct

6.1 You must use the Service lawfully, honestly and responsibly, and comply with applicable law, these Terms, page rules, community rules, third-party terms and reasonable instructions that we publish.

6.2 You must not use the Service for unlawful, fraudulent, infringing or unsafe activities, or to endanger public safety or cybersecurity, infringe personal information or health data rights, distribute malware, harass others, impersonate others, mislead others regarding medical treatment or health decisions, or publish false or dangerous health information.

6.3 Without our written permission, you must not reverse engineer, decompile, disassemble, bypass technical restrictions, scrape, crawl, bulk download, mirror, copy, sell, rent, sublicense, commercially exploit or use automated means to access the Service, software, websites, interfaces, data, models, algorithms or systems.

6.4 You must not upload, post or transmit content that infringes intellectual property, privacy, reputation, likeness, trade secrets or other rights, or that contains viruses, trojans, malicious code, spam or material that may disrupt the stability of the Service.

6.5 You must not use the Service for high-risk use cases, including emergency medical response, automated diagnosis, treatment decisions, medication dosage decisions, medical device control, clinical trial decisions, insurance underwriting or other uses that may directly affect life, body, property or significant rights, unless we expressly permit such use in writing under applicable professional terms.

7. Intellectual Property

7.1 The intellectual property and related rights in the Service and its software, interfaces, text, graphics, trademarks, logos, domain names, databases, models, algorithms, workflows, content arrangement, documentation and other materials are owned by us or the relevant rights holders and are protected by applicable laws and international treaties.

7.2 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service solely in accordance with these Terms. Except as expressly granted, you acquire no ownership or other rights in the Service or any part of it.

7.3 Without written consent from us or the relevant rights holder, you must not copy, modify, adapt, translate, publish, distribute, sell, rent, reverse engineer, create derivative works from or otherwise exploit any part of the Service.

7.4 Rights in content generated through AI-assisted functions will be determined by applicable law, these Terms, third-party model or tool terms and the ownership of input materials. Before using, publishing or commercially exploiting outputs, you are responsible for assessing their accuracy, compliance and whether they infringe third-party rights.

8. Fees, Third-Party Services and External Links

8.1 Some features may be free, while others may require payment, subscription or separate commercial terms. Fees, prices, renewals, refunds, taxes and payment methods will be as displayed on the relevant page or in separate terms.

8.2 The Service may integrate with or link to third-party websites, payment services, cloud services, login services, AI models, healthcare services, content services or other third-party products. Third-party services are provided independently by the relevant third parties and may be subject to their own terms and privacy policies. You should read and comply with those terms.

8.3 Providing a third-party link or integration does not mean that we endorse, control or guarantee third-party content, services, qualifications, security, accuracy or availability. Disputes arising from your use of third-party services should be resolved between you and the third party, except where applicable law provides otherwise.

9. Changes, Suspension and Termination

9.1 We may update, upgrade, adjust, suspend, restrict or terminate the Service, including adding, modifying or removing features, for operational, technical, security, compliance, commercial or user-experience reasons.

9.2 The Service may be temporarily interrupted, delayed, erroneous or unavailable due to system maintenance, network failures, third-party service failures, force majeure, security incidents, compliance requirements, user breach or other circumstances beyond our reasonable control.

9.3 You may stop using the Service at any time and may request account closure through product functions or the Privacy Policy. Upon account closure or termination, your right to use the Service ends immediately. Provisions that by their nature should survive will continue to apply, including intellectual property, disclaimers, limitations of liability, indemnity, governing law and dispute resolution.

10. Disclaimers

10.1 To the fullest extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted, error-free, virus-free, secure, accurate, complete, timely or fit for a particular purpose, or that any health information, AI output, third-party content or User Content will meet your needs.

10.2 You understand that health and medical information is highly specialized and individualized. Any information made available through the Service is for general information, record management or auxiliary reference only and does not constitute professional advice. You should consult qualified professionals regarding your own circumstances.

10.3 Nothing in these Terms excludes or limits any liability, warranty, condition or consumer right that cannot be excluded or limited under applicable law.

11. Limitation of Liability

11.1 To the fullest extent permitted by applicable law, we and our affiliates, directors, officers, employees, contractors, service providers and licensors will not be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including loss of profits, revenue, goodwill, data, business interruption, consequences of medical decisions or third-party claims, whether based on contract, tort, negligence, strict liability or any other legal theory.

11.2 To the fullest extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to your use of or inability to use the Service will not exceed the greater of: (a) the fees you actually paid to us for the Service in the twelve months before the event giving rise to the claim; or (b) HKD 1,000.

11.3 The above limitations do not apply to liability arising from our fraud, wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be limited under applicable law.

12. Indemnity

12.1 To the extent permitted by applicable law, you agree to indemnify and hold harmless us and our affiliates, directors, officers, employees, contractors and service providers from and against any claims, losses, liabilities, penalties, costs and expenses (including reasonable legal fees) arising from your breach of these Terms, applicable law, third-party rights or third-party terms, or from your User Content, account use or misuse of the Service.

13. Notices

13.1 We may provide notices relating to the Service or these Terms by website announcement, in-service message, pop-up, push notification, email, SMS, account message, customer support channel or any other method permitted by law. Unless a notice states otherwise, electronic notices are deemed delivered when sent.

13.2 You must ensure that the contact details in your account are accurate, valid and updated promptly. You are responsible for consequences arising from incorrect, invalid or blocked contact details or from failing to review notices.

14. Governing Law and Dispute Resolution

14.1 These Terms and any dispute, claim or controversy arising out of or relating to these Terms or the Service are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law rules.

14.2 The parties will first attempt to resolve disputes amicably and in good faith. If a dispute cannot be resolved through negotiation, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Hong Kong, except that we may seek injunctive, equitable or urgent relief relating to intellectual property, data security, confidentiality or similar matters in any court of competent jurisdiction.

14.3 If mandatory laws of your place of residence as a consumer grant you additional rights or dispute venues that cannot be excluded by contract, these Terms do not affect those mandatory rights.

15. Miscellaneous

15.1 You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to an affiliate, successor or business transferee, provided that doing so does not affect your mandatory statutory rights.

15.2 If any provision of these Terms is held invalid, unlawful or unenforceable, the remaining provisions will remain in effect. The invalid provision will be interpreted or replaced to the maximum extent permitted by law to achieve its original commercial purpose.

15.3 Our failure or delay in exercising any right under these Terms does not constitute a waiver. Any waiver is effective only if expressly made in writing by us.

15.4 Headings are for convenience only and do not affect interpretation. These Terms are published in English. If we make available a translation into another language and there is any inconsistency, the English version prevails, except to the extent mandatory law provides otherwise.

16. Contact Us

16.1 If you have questions, comments or requests regarding these Terms, the Service, personal information processing, content complaints, intellectual property complaints or user safety, please contact us through the contact, feedback or customer support channel made available on the CANCERDAO website or in the application.

16.2 We will handle your request within a reasonable period. If applicable law requires a specific response period, we will comply with that requirement.

End of Terms

EuShan Intelligence Limited