Terms of Service

These Terms of Service ("Terms") are an agreement between you and Prognia B.V. and govern your access to and use of the Prognia platform and all products, applications, and services operated under the Prognia brand, including the Prognia network, Ward, Suture and Osler (collectively, the "Services"). By creating an account or using the Services in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

The following terms have the meanings given below throughout these Terms:

• "Prognia", "we", "us", or "our" refers to Prognia B.V. and all products and services operated under the Prognia brand.
• "Services" means the Prognia platform and everything available through it: the Prognia network, Ward, Suture and Osler, our websites (including prognia.io and its subdomains), our apps for Apple devices where available, the MCP connection, and any future applications Prognia may introduce.
• "Prognia network" means the free professional network within the Services, including profiles and connections, the feed, messages, voice and video calls, Spaces and their classrooms, the Rota calendar, the library, games and the Prognia Passport.
• "Ward" means the medical learning app within the Services, including its flashcard and question decks, spaced-repetition study, Anki import, playlists and charts, guidelines library, medicines database, articles, clinical calculators, clinical cases and AI study coach.
• "Suture" means the note-taking and document app within the Services, including its editor and medical templates, handwriting and drawing tools, medical image atlas, collaboration features and AI writing tools. Suture is for knowledge and study notes, not for patient records.
• "Osler" means the AI reference app within the Services, which answers questions with citations to the sources it used, for reference and education.
• "Space" means a group within the Prognia network, such as a team, class or study group, with its own members and content.
• "User", "you", or "your" refers to any individual who accesses or uses the Services, whether through a free or paid account.
• "Content" means all material created, uploaded, imported, published, shared, or submitted by Users through the Services, including posts, messages, documents, decks and playlists.
• "AI Features" means the artificial intelligence-powered tools within the Services, including Osler, Ward's study coach and AI grading of answers, Suture's AI writing, handwriting and voice-to-text tools, AI-assisted search, and Ask Osler in conversations.
• "MCP connection" means Prognia's Model Context Protocol server, through which an external AI assistant that you authorise can read and change your Ward and Suture Content on your instructions.
• "Subscription Plan" means the plan (Free, Pro or Max) that you have selected for Ward, Suture or Osler, as described in Section 6.

2.1 Creating an account

To access the full features of the Services, you must register for an account by providing accurate, current, and complete information. You agree to keep your registration information up to date.

One Prognia account gives you access to all the Services. You can register with an email address or, where offered, sign in with Apple or Google.

2.2 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at medical@prognia.nl if you become aware of any unauthorised use of your account. Prognia is not liable for losses resulting from your failure to keep your credentials secure.

2.3 Age requirement

You must be at least 16 years old to create a Prognia account. If the law of the country you live in sets a higher minimum age for using an online service like ours without parental consent, that higher age applies to you instead. By completing registration, you confirm that you meet the applicable minimum age.

2.4 One account per user

Each account is for individual, personal use only. You may not share your credentials or allow any other person to access your account. Organisations wishing to provide access to multiple users should contact us at medical@prognia.nl to discuss institutional arrangements.

2.5 Professional status is self-declared

Your profile can show a professional role, stage of training, institution, specialty or similar details. You enter these details yourself, and you must keep them truthful and up to date. Prognia does not verify the identity, qualifications, professional registration (for example in the Dutch BIG register or with the UK General Medical Council) or employment of any User. A role, title or institution shown on a profile is therefore not a confirmation by Prognia.

Do not rely on another User's claimed qualifications or status when you decide whether to trust what they share, and never act on information from another User in a clinical situation without checking it against authoritative sources and applying your own professional judgment.

3.1 Platform overview

Prognia is a digital workspace for medical education and professional development. The Services currently include:

• The Prognia network (free): profiles and connections; a feed with posts, photos, polls and discussions; direct and group messages with attachments and voice messages; voice and video calls; Spaces for teams, classes and study groups, each with a classroom for pinned material, announcements, questions and answers, and assignments; the Rota calendar; a shared library; games; and the Prognia Passport, which shows your level and badges across the apps.
• Ward: a medical learning app with flashcard and question decks and spaced-repetition study, Anki import, playlists and charts, exam-specific content for a number of countries, a library of medical guidelines with linked quizzes and decks, a database of medicines authorised in the EU and the US, articles, clinical calculators, interactive clinical cases, and an AI study coach.
• Suture: a note-taking and document app for medical knowledge and study, with a block editor and medical templates, handwriting and drawing, PDF annotation, real-time co-editing with people you are connected with, links to medicines, guidelines and calculators, a medical image atlas, voice notes with transcription, and AI tools that summarise and rewrite notes and turn them into flashcards and quizzes.
• Osler: an AI reference app that answers questions with numbered citations to the sources it used, such as clinical guidelines and public medical databases, and that can turn an answer into a Suture note or a Ward quiz.

Prognia may introduce additional applications and features under the platform from time to time, which will be governed by these Terms unless a separate agreement is provided.

Some features are rolled out gradually, and some are available only on the web or only in our apps for Apple devices, so not every feature may be available to every User, on every device or in every country.

3.2 Drug reference database

The medicines database within Ward provides reference information about medicines authorised in the EU and the US, based on publicly available regulatory information, for educational and professional reference purposes only. Company names shown on an entry (for example the marketing-authorisation holder, or the applicant labelled "sponsor" in US data) are part of that regulatory information; they do not mean that the company sponsors Prognia, pays Prognia, or is endorsed by Prognia. The database does not constitute clinical prescribing guidance or an endorsement of any specific medicine, and it may be incomplete or out of date: always check the current official product information.

The Services do not contain sponsored or paid content from pharmaceutical companies, and no commercial arrangement with a pharmaceutical company influences the outputs of AI Features. If we ever introduce sponsored content, it will be clearly labelled as sponsored, and we will update these Terms before it appears.

3.3 Guidelines and medical literature

The Services provide access to, summaries of, or references to clinical guidelines published by medical societies and other bodies, and to scientific literature and reference information from publicly available databases, including PubMed, Europe PMC, Cochrane, ClinicalTrials.gov, DailyMed, openFDA, the European Medicines Agency and the WHO ICD-11. These resources are governed by the terms of their respective providers. Prognia does not own these materials and does not warrant their completeness, accuracy, or currency. A guideline may have been updated or replaced by its publisher since it was added to the Services, so always check the current version with the publisher.

3.4 Clinical cases

Ward includes interactive clinical cases: simulated patient scenarios, some of which are created with the help of AI. They are training scenarios, not records of real patients, and are designed for educational purposes only. See Section 9 for the disclaimers that apply to AI Features.

3.5 Changes to the Services

Prognia reserves the right to modify, suspend, or discontinue any aspect of the Services at any time. Where we make material changes that adversely affect your use of the Services, we will provide reasonable notice.

You agree not to use the Services in any way that:

• Violates any applicable local, national, or international law or regulation.
• Harasses, threatens, bullies or abuses any person, or includes hate speech, sexual content involving minors, sexual content shared without consent, or content that encourages violence or self-harm.
• Involves entering, uploading, or transmitting real patient data, protected health information, or any information that identifies or could reasonably identify a patient (such as a name, date of birth, patient or hospital number, address, photograph, or a combination of details that points to one person) anywhere in the Services, including Suture documents and voice notes, Osler questions, messages, calls, posts, Spaces, uploaded files, and any AI Feature.
• Impersonates any person or entity, or falsely claims qualifications or professional status you do not hold.
• Infringes the intellectual property rights of any third party, including uploading or publishing content from medical journals, textbooks, or other protected sources without authorisation.
• Involves recording, capturing, or transcribing a voice or video call, or sharing such a recording, without the prior consent of every participant, or otherwise where the law does not allow it.
• Involves attempting to reverse-engineer, decompile, disassemble, or otherwise derive the source code or underlying models of the Services, including any AI Feature.
• Involves using automated scripts, bots, scrapers, or other tools to extract data from the Services at scale without Prognia's express written consent.
• Disrupts or interferes with the integrity, performance, or security of the Services or any connected networks.
• Involves using the Services to send unsolicited commercial communications.
• Uploads or publishes content that is false, misleading, dangerous, defamatory, discriminatory, or otherwise harmful.
• Involves sharing your account credentials or allowing any other person to access the Services under your account.

Suture is for knowledge and study notes, not for patient records. If you learn from a real case, remove every detail that could identify the patient before you write, say, upload or ask anything about it.

Prognia reserves the right to investigate suspected violations and to suspend or terminate accounts where violations are found, without prior notice in serious cases.

5.1 Talking to other Users

The Prognia network lets you talk with other Users in direct and group messages, voice and video calls, posts and Spaces, including a Space's classroom. Treat other Users with respect and follow Section 4 in everything you post, say or share. What you post in a Space or group conversation can be seen by its members, and what you post to the feed can be seen by the audience you choose, such as your connections or a Space.

People who create or manage a Space can admit and remove members and post announcements, questions and assignments; they must use these tools in line with these Terms. The Services do not offer call recording, and you must not record a call, including a call in a Space, by any other means without the consent of every participant.

5.2 Reporting

You can report a post, comment, message, profile, Space, deck, document or other Content from within the Services and choose a reason, such as spam, harassment, hate, violence, sexual content, self-harm, misinformation or privacy. Content you report is hidden from you straight away. You can also report an error in Ward content, for example a card that is factually wrong or out of date.

We review reports and may remove Content, warn the User responsible, limit features, or suspend or terminate an account. Content that several Users report independently may be hidden for everyone while we review it.

5.3 Blocking

You can block another User. Blocking works in both directions: it hides each of you from the other in the feed and on profiles, and it stops direct messages between you. It does not remove either of you from a Space or group conversation you both belong to; if someone bothers you there, report them or leave the Space.

5.4 Moderation decisions

We decide at our own discretion how to act on a report. Where the law requires it, we will tell you when we remove your Content or restrict your account, give our reasons, and explain how you can object. You can object to a moderation decision, or report Content that you believe is illegal, by contacting us at medical@prognia.nl.

6.1 Available Subscription Plans

The Prognia network is free. Ward, Suture and Osler each have a Free plan and two paid Subscription Plans, and you choose a plan for each app separately:

• Free: access to the core features of that app at no charge, subject to usage limits set by Prognia.
• Pro: a paid subscription with more room in that app, such as higher daily limits and additional features, as described on our pricing page.
• Max: a paid subscription with the most room and the most complete set of features in that app, as described on our pricing page.

The features, usage limits and prices of each plan are set out at prognia.io/pricing and may be updated from time to time. The price that applies to your purchase, in your billing currency, is the price shown at checkout at the time of purchase. If you subscribe to more than one paid app, or choose yearly billing, a discount may apply, as shown at checkout. Where feature entitlements change materially for existing subscribers, Prognia will provide reasonable advance notice.

6.2 Payment processing

Payments for Subscription Plans purchased on our websites are processed by Stripe, Inc. ("Stripe"), our third-party payment service provider. By subscribing to a paid plan, you authorise Prognia, through Stripe, to charge your designated payment method on a recurring basis, monthly or yearly as you chose at checkout. Paid plans for different apps that you buy on our websites are billed together in one subscription. Your use of Stripe is subject to Stripe's own Terms of Service and Privacy Policy. Prognia does not store your full payment card details.

Where our apps for Apple devices offer subscriptions through Apple's App Store, Apple processes the payment and bills you under Apple's own terms, and we receive your subscription status through our subscription-management provider, RevenueCat. You manage and cancel an App Store subscription in your Apple account settings.

6.3 Taxes

The price shown at checkout is the total amount you will be charged for each billing period and includes VAT where VAT applies. If you buy for a business, you can add your business details, such as a VAT number, at checkout. You are responsible for any other taxes applicable to your use of the Services under the laws of your jurisdiction.

6.4 Auto-renewal

All paid Subscription Plans renew automatically at the end of each billing period for a period of the same length (one month or one year) until you cancel. Renewal charges are applied on the same date each month or year. We may send you a reminder before a renewal, for example before a yearly plan renews, but you should not rely on receiving one. It is your responsibility to cancel before the renewal date if you do not wish to be charged for the next billing period.

6.5 Price changes

Prognia may change subscription prices at any time. Existing subscribers will be notified by email at least 30 days before a price change takes effect. If you do not cancel before the new price applies, your continued use of the Services constitutes acceptance of the revised pricing.

6.6 Failed payments

If a payment fails, Prognia may retry the charge. Your paid plans may remain active for a limited period while we retry; if the payment cannot be collected, the affected apps return to their Free plans, or access to paid features is suspended, until payment is successfully collected. You are responsible for ensuring your payment details remain current and valid.

6.7 Changing your plans

You can change the plan of each app separately in your account settings: for example, add an app, switch an app between Pro and Max, or remove an app from your subscription. A change takes effect straight away, and the difference in price for the rest of the billing period is charged or credited pro rata on your next invoice, as shown to you before you confirm the change.

When a paid plan ends, because you remove or cancel it or because payment fails, that app returns to its Free plan. Your account and your Content are not deleted because a paid plan ends, but features and usage above the Free plan's limits are no longer available.

7.1 Cancellation by you

You may cancel your paid Subscription Plan at any time through your account settings or by contacting us at medical@prognia.nl. Cancellation takes effect at the end of your current billing period. You will retain full access to your paid features until that date. Prognia does not provide pro-rated refunds for unused time within a billing period.

A subscription bought through Apple's App Store must be cancelled in your Apple account settings; Prognia cannot cancel it for you. Deleting your Prognia account does not by itself cancel a paid subscription: cancel your subscription first, or contact us to cancel a subscription you bought on our websites.

7.2 EU and EEA users — statutory right of withdrawal

If you are a consumer located in the EU or EEA, you have the right to withdraw from a new paid subscription within 14 calendar days of the date of purchase, without giving any reason, in accordance with the EU Consumer Rights Directive (2011/83/EU) as implemented in Dutch law.

However, if you begin using the paid features of the Services before the withdrawal period expires, you expressly request immediate performance of the contract and acknowledge that you will lose your right of withdrawal upon commencement of use of the paid features. To exercise your right of withdrawal before using the paid features, please contact us at medical@prognia.nl within the 14-day withdrawal period.

The right of withdrawal applies to each new paid plan you purchase. For purchases made through Apple's App Store, Apple's refund process applies.

7.3 General refund policy

Outside of the statutory right of withdrawal described in Section 7.2, subscription fees are generally non-refundable. Prognia may issue refunds at its sole discretion in exceptional circumstances. To request consideration of a refund, contact medical@prognia.nl with full details of your situation.

7.4 Free plans

The Prognia network and the Free plans of Ward, Suture and Osler are provided without charge and without a fixed term. Prognia may modify or discontinue a free plan at any time, with reasonable notice of at least 30 days where practicable.

8.1 Private, shared and public Content

Content you create is private to you unless you choose to share it. Depending on the feature, you can share Content with specific people (for example the participants of a conversation, the members of a Space, or collaborators on a Suture document, who must be among your connections), with anyone who has a link (for example a link to a Ward playlist), or publicly with all Users (for example a public Ward deck or playlist, which can appear in Explore and in charts). You choose who can see an item when you share it, and you can change the visibility of your own Content, or delete it, at any time.

If you subscribe to your Rota calendar in another calendar app, anyone who has your private calendar link can see the events it contains, so keep that link to yourself.

8.2 Licence to other Users

When you share Content with other Users, you grant each User who can access it a non-exclusive, non-transferable, royalty-free licence to view and use it within the Services for their own learning and professional development: for example, to study a public deck, add its cards to a playlist, or read a document you shared and, if you gave them an editing role, edit it. This licence lasts for as long as the Content remains shared with them. Other Users may not sell your Content or redistribute it outside the Services.

8.3 Ratings, charts and reports

Public Ward Content can be rated by other Users and can appear in rankings, such as charts, based on how Users study and rate it. Ratings and reports must be honest and based on your own experience. You must not manipulate ratings, rankings or reports, for example by using several accounts or by coordinating with others.

8.4 Imported Content

If you import Content into the Services, for example an Anki deck with its media and review history, a PDF, Word or Markdown document, or an image, you must own it or have the right to use it in this way. Many commercially produced decks, question banks and textbooks are protected by copyright or by licence terms that restrict how they may be used and shared. You may import such material only for your own use and only where its terms allow this, and you must not make it public or share it with others unless you hold the rights to do so.

8.5 Responsibility for your Content

You are responsible for the Content you create and share, including its accuracy. Content is not reviewed by Prognia before it is shared, and Prognia does not verify the medical accuracy of User Content, but we may remove Content that breaks these Terms or the law (Section 5).

8.6 Selling Content

The Services do not currently offer a way to sell Content to other Users. If we make paid publishing available, it will be subject to additional terms that we will show you before you can use it.

8.7 Connected AI assistants

You can connect an external AI assistant, such as Claude or ChatGPT, to your account through the MCP connection. Once you authorise a connection, that assistant can read, create and change your Ward and Suture Content on your instructions. You are responsible for the instructions you give it and for checking what it creates. The assistant is operated by its own provider, which processes the data it receives under its own terms and privacy policy.

9.1 How AI Features work

The Services include AI Features: Osler's answers with cited sources; Ward's study coach and AI grading of open answers; Suture's tools that summarise and rewrite notes, turn them into flashcards and quizzes, and convert handwriting and voice notes into text; AI-assisted search across your Ward, Suture and Osler content; and Ask Osler in conversations. AI Features generate their output with language models from third-party AI providers (see Section 8 of our Privacy Policy), using your request and, where relevant, sources the feature retrieves, such as clinical guidelines, public medical databases, or your own Content. In our apps for Apple devices, some AI Features run on the device itself.

9.2 Sources

Osler shows the sources it used for every answer, numbered to the statements they support, and other AI Features show their sources where their output is based on a specific guideline or article. The citation of a source does not guarantee that the AI's interpretation or summary of that source is complete or accurate. Check the source itself before you rely on it.

9.3 No patient data

AI Features are designed for knowledge, study and reference, not for the care of individual patients. You must not, under any circumstances, input real patient data, personally identifiable health information, or any protected health information into any AI Feature (including an Osler question, a Suture AI action or voice note, or Ask Osler in a conversation) or into any other part of the Services. Unless a feature runs on your device, what you enter into an AI Feature is sent to our AI providers to produce the output.

9.4 No human medical supervision of AI outputs

AI outputs generated by the Services are not reviewed by a licensed medical professional before being delivered to you. While Prognia uses significant technical and editorial care in configuring its AI systems and in building the underlying knowledge base, AI-generated content is produced automatically and has not been individually verified by a human expert.

9.5 AI output you share

AI output that you share with others becomes your Content (Section 8). Ask Osler in a conversation posts its answer in that conversation, under your name, for everyone in it to see. The answer can draw on Content you can search, including your own notes, so use Ask Osler only where you are happy for the answer to be shared there.

9.6 Medical disclaimer

Prognia makes no claim of clinical validation for any AI Feature or any other content within the Services. AI-generated outputs may be incomplete, outdated, or incorrect. AI systems, by their nature, can generate responses that appear authoritative but may contain errors, omissions, or hallucinations.

You must always apply your own professional judgment and consult primary source materials before relying on any information provided by the Services in a clinical or patient-care context. Prognia accepts no liability whatsoever for any clinical decision, diagnosis, treatment, or action taken in reliance on the Services.

Osler is a reference and education tool. It shows its sources so that you can check them, and it can make mistakes. It does not diagnose, it does not give treatment advice for an individual patient, and it does not replace your judgment: you remain responsible for every clinical decision you make. The same applies to the clinical calculators and scores in Ward and Suture, which are provided for education and reference; check the inputs, the result and the original method before you use a result in practice.

The Services are not a medical device and have not been submitted for evaluation under EU Regulation 2017/745 (EU MDR) or cleared or approved by the US Food and Drug Administration (FDA) as a medical device or clinical decision support tool.

9.7 Continuing professional development

Prognia does not award accredited continuing professional development (CPD) or continuing medical education (CME) credits. Any learning log, reflection or activity record in the Services is a personal record only; it is not an accredited record and is not confirmed by Prognia or by any accrediting body.

10.1 Prognia's intellectual property

The Services, including all software, algorithms, design elements, text, graphics, user interfaces, trade names, logos, and the selection and arrangement of all content on the platform (excluding User Content and third-party content), are the intellectual property of Prognia B.V. or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any part of the Services for commercial purposes without our prior written consent.

10.2 Your content

You retain full ownership of all Content you create on the Services. By creating, uploading, or sharing Content on the Services, you grant Prognia a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, process, display, distribute, and make available your Content, only for the purpose of operating and providing the Services to you and to the Users you share it with: for example, to sync it across your devices, to show a public deck in Explore and in charts, or to process it with an AI Feature you use. This licence continues for as long as your Content remains on the Services and terminates when you permanently remove your Content or your account is deleted, except for copies we must keep by law.

10.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant Prognia a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without any obligation of compensation or attribution.

11.1 Copyright compliance

Prognia respects third-party intellectual property rights and expects all Users to do the same. You may not upload, import, or publish Content that reproduces, in whole or in substantial part, copyrighted materials from medical journals, textbooks, question banks, publisher databases, or other sources without holding the necessary rights or licences.

11.2 DMCA notice and takedown (United States)

Prognia has designated a DMCA agent for the receipt of copyright infringement notices from US rights holders pursuant to 17 U.S.C. § 512. If you believe that Content published on the Services infringes your copyright, you may submit a written notice to our designated DMCA agent at medical@prognia.nl with the subject line "DMCA Takedown Notice".

Your notice must include: (i) identification of the copyrighted work; (ii) identification of the infringing material and its precise location; (iii) your contact details; (iv) a good-faith belief statement; (v) a statement under penalty of perjury that the information is accurate and that you are authorised to act; and (vi) your physical or electronic signature.

11.3 Counter-notices

If you believe your Content was removed as a result of a mistaken or misidentified copyright claim, you may submit a counter-notice to our DMCA agent. Counter-notices must satisfy the requirements of 17 U.S.C. § 512(g)(3).

11.4 EU copyright complaints

Rights holders in the EU or EEA wishing to report infringing Content may contact medical@prognia.nl. Prognia will handle EU copyright complaints in accordance with EU Directive 2019/790/EU and applicable national implementing legislation, including the Dutch Auteurswet.

You can also report Content that infringes your rights from within the Services (Section 5.2).

11.5 Repeat infringers

Prognia will terminate the accounts of Users who are identified as repeat infringers of third-party copyright in accordance with applicable law.

Prognia's collection, use, storage, and transfer of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the processing of your personal data as described therein.

Prognia processes personal data in accordance with Regulation (EU) 2016/679 (the GDPR) and, where applicable, the California Consumer Privacy Act (CCPA/CPRA) and other applicable data protection laws. If you have questions or requests relating to your personal data, please contact us at medical@prognia.nl.

The Services integrate with and rely upon third-party services, including:

• Stripe, Inc., for payment processing. Your use of Stripe's services is subject to Stripe's Terms of Service and Privacy Policy. Prognia is not responsible for Stripe's processing of your payment data.
• Apple, for Sign in with Apple and, in our apps for Apple devices, App Store purchases and push notifications, and Google, for sign-in with Google. Your use of these is also subject to their own terms.
• AI providers, which produce the output of AI Features, as listed in our Privacy Policy.
• Public medical databases, such as PubMed (US National Library of Medicine), Europe PMC (EMBL-EBI), Cochrane, ClinicalTrials.gov, DailyMed, openFDA, the European Medicines Agency and the WHO ICD-11, for literature and reference information. Prognia is not responsible for the availability, accuracy, or terms of access of these external resources.
• AI assistants that you connect through the MCP connection, which are operated by their own providers under their own terms.

The Services may from time to time contain links to third-party websites or resources, provided for informational convenience only. Prognia does not control, endorse, or accept responsibility for any third-party website or resource.

To the fullest extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted and error-free operation.

Prognia does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be available at all times; (c) errors or defects will be corrected; (d) the Services are free of harmful components; or (e) any information obtained through the Services will be accurate, complete, or reliable.

This includes information shared by other Users, whose professional status Prognia does not verify (Section 2.5), and output from AI Features (Section 9).

If you are a consumer located in the EU or EEA, certain mandatory statutory guarantees may apply to you under applicable consumer protection law that cannot be excluded or limited by these Terms. Nothing in these Terms is intended to affect such statutory rights.

To the fullest extent permitted by applicable law, Prognia B.V., its directors, officers, employees, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses, arising from or in connection with your use of or inability to use the Services.

In no event shall Prognia's total aggregate liability to you for all claims arising from or related to these Terms or the Services exceed the greater of: (a) the total amount paid by you to Prognia in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred euros (€100.00).

Notwithstanding the foregoing, nothing in these Terms limits or excludes Prognia's liability for: (a) death or personal injury caused by Prognia's gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable law. If you are a consumer in the EU or EEA, the limitations above apply only to the maximum extent permitted by mandatory consumer protection law applicable in your country of residence.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Prognia B.V. and its directors, officers, employees, agents, and service providers from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) Content you create, publish, or submit; (d) your violation of any third-party right; or (e) your violation of any applicable law or regulation.

If you are a consumer in the EU or EEA, this indemnification obligation applies only to the extent permitted under the mandatory consumer protection laws of your country of residence.

17.1 Termination by you

You may terminate your account at any time by using the account deletion feature in your account settings or by contacting medical@prognia.nl. Because one Prognia account gives access to all the Services, deleting it ends your access to the Prognia network, Ward, Suture and Osler at the same time. Your access ends immediately, and your personal data is permanently deleted 30 days later, as described in our Privacy Policy. Cancel any paid subscription before you delete your account (Section 7.1).

17.2 Termination or suspension by Prognia

Prognia reserves the right to suspend or permanently terminate your account, with or without notice, at its sole discretion, if: (a) you have violated these Terms; (b) you have engaged in fraudulent, illegal, or abusive conduct; (c) your continued use of the Services poses a risk to Prognia or other users; or (d) Prognia is required to do so by law. In cases of material or repeated breach, Prognia may terminate immediately and without warning.

17.3 Effect of termination

Upon termination of your account, your licence to use the Services ceases immediately. Sections 9, 10, 11, 14, 15, 16, and 18 of these Terms shall survive termination.

18.1 Governing law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. If you are a consumer located in the EU or EEA, you may also be entitled to the protection of the mandatory consumer laws of your country of residence.

18.2 Informal resolution

If you have a complaint or concern about the Services, we encourage you to contact us first at medical@prognia.nl with "Complaint" in the subject line. We will make reasonable efforts to acknowledge your complaint within 5 business days and to reach a resolution within 30 days.

18.3 Out-of-court dispute resolution

If you are a consumer located in the EU and we have been unable to resolve your complaint through our internal process, you may refer the dispute to the competent court (Section 18.4) or, where one is available to you, to an out-of-court dispute resolution body in your country.

18.4 Jurisdiction

Any dispute not resolved through the processes above shall be submitted to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands. If you are an EU consumer, you may also bring proceedings before the courts of your country of residence where mandatory law so requires.

Prognia reserves the right to amend these Terms at any time. When we make material changes, we will notify you by email to the address registered on your account and by posting a prominent notice within the platform, at least 30 days before the revised Terms take effect.

If you do not agree to the revised Terms, you must stop using the Services and cancel any paid subscription before the effective date of the changes. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. We will maintain an archive of previous versions of these Terms, which will be available on request.

20.1 Entire agreement

These Terms, together with the Privacy Policy and any additional terms that we show you for a specific feature (each as applicable), constitute the entire agreement between you and Prognia B.V. with respect to the Services and supersede all prior or contemporaneous representations, understandings, or agreements.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

20.3 No waiver

Prognia's failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision. Any waiver must be made in writing and signed by an authorised representative of Prognia.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Prognia's prior written consent. Prognia may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its business assets, subject to providing notice to you.

20.5 Force majeure

Prognia shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, power failures, or widespread internet outages.

20.6 Translations

These Terms are written in English. Where we provide a translation, it is for your convenience; if a translation and the English version differ, the English version applies, unless mandatory law in your country provides otherwise.

Formal legal notices under these Terms must be sent in writing to the postal address above or by email to medical@prognia.nl with the subject line "Legal Notice — Prognia B.V.".