Terms of Service.

Last Updated: February 12, 2025

Introduction

Welcome to Med Records ("Platform," "We," "Us," or "Our"). These Terms and Conditions ("Terms") govern your access to and use of our platform, which allows individuals to securely access and share their medical records (our “Services”). Please read these Terms carefully, as they specify your complete ownership of your health records, our rights to use the underlying data to provide the services to you, the rules to follow when you use the Services, how to contact us, and more.

For additional details on how we secure your data and give you control of that data, please review our Privacy Policy at https://www.medrecords.me/privacy-policy.

By signing up for MedRecords.me, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our services.

Eligibility

By using Med Records , you confirm that you:

  • Are at least 18 years old

  • Have the legal authority to access your own medical records

  • Agree to comply with all applicable laws and regulations, including HIPAA and other data protection laws.

Description of Services

MedRecords.me is an internet-based portal that enables users to:

  • Retrieve and access their personal health records via Health Information Exchanges (HIEs) and other healthcare networks, in accordance with the “right of access” granted under the Health Insurance Portability and Accountability Act (“HIPAA”).

  • Securely share their medical records with caregivers and other medical providers, guardians and family members, legal representatives, such as attorneys in a personal injury case, or anyone else the user directs should receive their records, subject to applicable law and MedRecords.me’s security protocols.

  • Manage and view their medical records within the MedRecords.me user portal.

Record Collection

To offer our Services, MedRecords.me collects your Health Records on your behalf and populates them in your user portal. We collect your Health Records using one or more of the following processes: (i) Asking you to identify the medical providers and institutions where you have received care; (ii) Asking you to identify the health plans that have provided you with health insurance; (iii) Sending a request for your medical records to networks – commonly known as health information exchanges or HIEs – that are used by doctors and hospitals to share medical record information, as well as other medical and health information databases; (iv) Sending a request for your records to another medical provider that is identified in your medical records (for example, sending a request for a copy of a lab test result from the laboratory identified in the doctor’s medical record).

Important Notes about Health Records

  • You represent and warrant that you own all rights, title and interest in and to the Health Records collected from third parties and any data you provide to us (including any and all intellectual property rights therein), subject to Our rights as set forth below.

  • MedRecords.me may not be able to obtain some or all of your Health Records, and we cannot guarantee or assume any responsibility or liability for the completeness, timeliness, accuracy, deletion, or non-delivery of any Health Records.

  • Health Records are copies of documents from health care providers or health plans accessed through your “right of access” will be “read only” and cannot be altered. If you believe any information in your Health Records is inaccurate, it is your responsibility to address this issue with the relevant health care provider(s) or health plan(s).

  • MedRecords.me has no control over the completeness, validity, consistency, or accuracy of any content provided (or lack of such) by you or others (such as hospitals, other health care providers, or health plans). You rely on any information provided by MedRecords.me, or third parties working on behalf of MedRecords.me, solely at your own risk.

  • You may discover unanticipated or incidental findings contained in your Health Records when you use our Services. MedRecords.me does not interpret your records; it is your responsibility to address this issue with your healthcare provider or health plan.

  • MedRecords.me is also not responsible for the way in which data is displayed through the Service, as this may be impacted by the nature and form of the Health Records that MedRecords.me receives on your behalf

Ownership of Your Health Records

You maintain ownership of all Health Records, documents, and other materials uploaded or collected through the Services. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Health Records.

You acknowledge and agree that MedRecords.me will use and preserve your Health Records to provide the Services to you.

Please note that we may also disclose your Health Records if required to do so by law or if we, in our sole discretion, hold the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests (but know that we will closely scrutinize all law enforcement and regulatory requests, and we will only comply with court orders, subpoenas, search warrants or other requests that we determine are legally valid); (b) enforce these Terms; (c) respond to claims that any such Health Records violates the rights of third parties; or (d) protect the rights, property, or personal safety of MedRecords.me, its users, and the public.

You understand that the technical processing and transmission of the Service, including your Health Records, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please see our Privacy Policy.

User Registration & Identity Verification

  • To use our services, you must verify your identity through ID.me, which follows IAL2 authentication standards.

  • You are responsible for maintaining the confidentiality of your account credentials.

  • If you suspect unauthorized access to your account, notify us immediately.

Privacy, Compliance, & Security

  • We comply with HIPAA, HITECH, and all applicable state laws to protect your health data.

  • Your data is encrypted during transmission and storage to ensure security.

  • We do not sell your data. Data is shared only with authorized parties as required by law or with your explicit consent.

  • MedRecords.me relies on third-party services (for example ID.me, AWS, Supabase, and HIEs) for data retrieval, processing, and storage.

  • In accepting these Terms, You agree that You will not attempt to circumvent, disable or otherwise interfere with security-related features of the Services.

Data Rights

  • We collect and process data to facilitate the retrieval and management of medical records.

  • You grant us the right to use your data internally for lawful purposes, as outlined in our Privacy Policy.

  • We do not alter or modify any medical records. Your healthcare provider is responsible for the accuracy and completeness of medical records provided through MedRecords.me.

Intellectual Property Rights

  • We retain all rights to the technology, software, trademarks, and content related to the platform.

  • You may not copy, modify, reverse-engineer, or distribute any part of the platform.

  • You may not use MedRecords.me to develop competing services.

Medical Information Disclaimer

  • MedRecords.me is not a healthcare provider and does not offer medical advice.

  • The platform does not establish a doctor-patient relationship.

  • We do not recommend, endorse, or verify the accuracy of medical treatments, medications, or provider recommendations.

If you believe your medical records contain errors, contact your healthcare provider directly.

Warranty Disclaimer

  • The platform is provided "as is" and "as available" without any warranties.

  • We do not guarantee that the service will be error-free, uninterrupted, or suitable for your specific needs.

  • We do not guarantee the accuracy, completeness, or timeliness of any medical records provided via the platform.

Limitations of Liability

  • We are not liable for:

    • Errors or omissions in medical records provided by third parties.

    • Loss of profits, data, or business interruptions.

    • Indirect, incidental, or consequential damages.

  • Our total liability under this agreement shall not exceed $100, except as required by law.

Indemnification

You agree to defend, indemnify, and hold harmless MedRecords.me, its affiliates, and partners from any claims, damages, or legal fees arising from:

  • Your unauthorized use of the platform, including unauthorized access to Health Records.

  • Your negligence or willful misconduct.

  • Your violation of these Terms.

  • Your violation of the rights of any third party related to the use of our Service.

Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We hope there is never a dispute between you and MedRecords.me. But, if you feel we have violated these Terms or your rights in any way, please review and follow the information below.

Contact Us First

We aim to resolve disputes amicably. If you have a concern, contact us at support@medrecords.me before taking further action.

Agreement to Arbitrate

If a dispute cannot be resolved within 60 days, either party may initiate binding arbitration rather than litigation. The arbitration will be conducted:

  • By a neutral arbitrator under the Federal Arbitration Act (FAA).

  • On an individual basis (no class actions).

  • In English, following standard arbitration procedures.

By using Med Records.me, you waive the right to a jury trial or class action lawsuit. However, you may file a claim in small claims court if eligible.

For the avoidance of doubt, You and MedRecords.me agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any class or representative action in court or in arbitration. The arbitrator may award only individual relief, only in favor of the individual party seeking relief. That said, an arbitrator may award public injunctive relief where the law requires that such relief be available in order for this provision to be enforceable.

Arbitration Costs

  • If your claim is under $75,000, it will be covered by the Consumer Arbitration Rules of the American Arbitration Association, including the AAA’s Consumer Mass Arbitration rules where applicable and including the AAA’s fee schedule for the applicable rule set.

  • Each party is responsible for its own legal fees unless otherwise decided by the arbitrator.

Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@medrecords.me. The notice must be sent to MedRecords.me within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of this arbitration provision, MedRecords.me also will not be bound by italso will not be bound by them.

Termination of Access

We may suspend or terminate your account at any time, without notice, if you:

  • Violate these Terms.

  • Engage in fraudulent or unlawful activity.

  • Pose a security risk to the platform.

Upon termination, your access rights immediately cease, and we may delete your account and associated data unless legally required to retain it.

Governing Law & Modifications

  • These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

  • We may modify these Terms by posting updates on the platform or notifying you by email. Continued use of MedRecords.me after updates constitutes acceptance of the revised Terms.

Miscellaneous

  • If any part of this Agreement is found invalid, the rest remains in effect.

  • Our failure to enforce any provision does not waive our rights.

  • You consent to receiving electronic communications regarding this Agreement.

Contact Information

For questions or support, contact us at support@medrecords.me