Terms of Service
Last updated: 25 Sept 2024
Upstreamed, Inc. ("Upstreamed") provides a messaging and communication service called "Upstreamed" through our website (the "Site") and our mobile application (the "App"). This service includes access to certain content and materials (collectively, the "Collective Content") and is referred to as the "Services" throughout these Terms.
By clicking the "Sign Up For Free" button or accessing or using the Services, including by downloading or posting any content from or through the Services, you indicate that you have read, understand, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Upstreamed, Inc. You do not have the right to access or use the Services or Collective Content unless you agree to these Terms.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or entity to these Terms. In such cases, the terms "you" and "your" extend beyond you to also refer to that company or entity.
Key Terms
1. Content: Text, graphics, images, software (excluding the App), information, messages, or other materials.
2. Collective Content: Upstreamed Content and Registered User Content, collectively.
3. Upstreamed Content: Content made available through the Services, including Content licensed from third parties, but excluding Registered User Content.
4. Registered User or you: A person who completes Upstreamed's account registration process.
5. Registered User Content: Content that a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Services.
6. Verified User: A Registered User who has been verified as a licensed healthcare professional, student in a recognized healthcare program, researcher, or scientist. Clinicians may be asked to provide additional clinically relevant information, such as their National Provider Identifier (NPI), board certification, or other credentials, to complete the verification process.
Upstreamed is NOT a Diagnostic Service.
Important Notice: Upstreamed is a communication platform designed for clinicians and researchers to share knowledge and discuss cases. It is NOT a diagnostic service. The information shared on Upstreamed is for educational and informational purposes only and should not be construed as medical advice or used to diagnose, treat, or manage any medical condition. Always consult a licensed healthcare provider for any medical concerns or decisions.
Account Registration and Verification
To register for an account on Upstreamed, you must provide accurate and complete information, including a username, full name, email address, password, medical specialty, areas of interest, and other details required in the registration form (collectively, "Registration Data"). You represent and warrant that all Registration Data you provide is true, accurate, current, and complete.
In addition to the basic registration details, we may ask for additional information to verify your identity and professional credentials. This may include your NPI (National Provider Identifier) number, board certification details, proof of credentials, phone number, and location or country of origin. Verification as a licensed healthcare professional, researcher, or student is necessary to access certain features and benefits of the Services.
To maintain a safe and productive environment, we strongly encourage all users to verify their identity as quickly as possible. This helps us reduce the risks of spambots, trolling, and other inappropriate conduct. Upstreamed reserves the right to suspend or terminate unverified accounts, or those suspected of spamming or engaging in inappropriate behavior, at its discretion.
Use of the Services
By accessing or using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms. You understand that your use of the Services may involve or require the transmission of significant amounts of data.
Service Modifications
Upstreamed reserves the right to change, suspend, or discontinue any aspect of the Services at any time without notice. This includes the availability of any feature, database, or content. Upstreamed may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability.
Compliance with Laws
You are responsible for ensuring that your use of the Services complies with the laws of your country of residence. In order to use the Services, you must register to create an account (“Account”) and become a “Registered User.”
Subscription and Usage Fees
Upstreamed does not currently charge fees for the basic use of the Services. However, Upstreamed charges fees for certain features and services, such as ads (Boost) and subscriptions to the Starter, Professional, and Lifetime plans. All fees are non-refundable. Stripe is our payment processor for all transactions.
Subscription Cancellation: If you cancel your subscription, your access to paid features and services will remain active until the end of your current billing cycle. After this period, your subscription will not renew, and you will no longer have access to those features unless you re-subscribe. Subscription fees are non-refundable, even if you cancel before the end of the subscription term.
Usernames
To prevent username squatting and protect against impersonation, Upstreamed prohibits the registration of inactive or misleading accounts. We may release squatted usernames in cases of trademark infringement. Offering to sell, buy, or solicit payment in exchange for usernames is strictly prohibited and may result in permanent account suspension.
Content Ownership and License
You retain ownership of any Content you post on or through the Services. By posting Content on or through the Services, you grant Upstreamed a non-exclusive, fully paid and royalty-free, transferable, sublicensable (through several tiers), worldwide license to use, reproduce, view, communicate to the public, print, copy, edit, translate, perform and display, redistribute, modify, adapt, make, sell, offer to sell, transmit, distribute, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Content, subject to the Privacy Policy.
Feedback
We highly value your input and actively encourage you to share feedback, comments, and suggestions to help us improve the Site, Services, or App. By submitting feedback, you grant Upstreamed a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, reproduce, display, communicate, modify, adapt, publish, distribute, and create derivative works from your feedback for any purpose. This includes the right to improve our Services, build upon your ideas, or implement suggestions that enhance Upstreamed’s value to our community. Your feedback helps us continually evolve and innovate, so we appreciate your contributions.
User Content Warranties
You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, Services, or App. By making any Registered User Content available, you represent and warrant that you are the sole and exclusive owner of such content or have obtained all necessary rights, licenses, consents, and releases to grant Upstreamed the rights to use such content as contemplated under these Terms.
Communications Decency Act
We believe in creating a respectful and constructive environment for communication across the Site, Services, and App. While we encourage open dialogue and the sharing of diverse viewpoints, Upstreamed is not responsible for Registered User Content posted by others. We do not actively monitor all user content but reserve the right to review, remove, or modify content that violates our community guidelines, or legal requirements, or is deemed harmful. As a user, you agree to communicate respectfully and professionally, ensuring that all discussions contribute positively to the community and the mission of advancing healthcare and research knowledge.
Advertisements, Boost, and Ads Agreement
Upstreamed allows users to promote their content through the Boost feature. By using Upstreamed's Boost feature, you agree to the following terms:
1. Boost Services: Users may promote posts by clicking the Boost option on their post. The promotion is non-refundable, and fees are charged based on the impressions selected during setup.
2. Impressions and Analytics: Boosted posts will be shown in the Boost bar below the navigation menu and in the mainstream. Users will have access to Boost analytics within their Pulse dashboard.
3. Campaign Duration: Boost campaigns will continue until the target impressions are reached.
4. Who Can Boost: Any user can boost posts (except for anonymous posts) to support their favorite content creators.
Fees, Payment, and Measurements
All fees and charges for the use of Upstreamed's Boost Services are non-refundable. You must pay all applicable fees based on Upstreamed's measurements for the Boost Services. Stripe is our payment processor for all transactions.
Community Guidelines
Upstreamed is a social learning network designed for clinicians and researchers to connect, share knowledge, and collaborate on clinical cases and scientific research. To maintain a respectful and productive environment, we expect all members to adhere to the following guidelines:
1. Respect Patients and Each Other: The cases and discussions featured on Upstreamed often involve real patients and critical research. We expect all members to treat one another and their work with dignity and respect. Apply the same ethical principles you use in your practice or research to what you post. Do not post anything you wouldn’t say in a professional setting.
2. Maintain Patient Privacy and Research Integrity: When sharing a case, research, or posting a comment, never include identifying patient information or disclose confidential data. Any post or comment that violates privacy or research ethics will be removed. If you share research findings, ensure that they comply with ethical standards, including proper consent and institutional approval.
3. Share Verified Clinical and Research Experience: All content shared on Upstreamed should be grounded in direct clinical experience or research findings from credible sources. Upstreamed is a professional platform designed for the exchange of verified medical knowledge and scientific research. Sharing unverified or non-peer-reviewed content may harm the learning environment and lead to post removal.
4. Be Kind to Fellow Community Members: Upstreamed is a collaborative environment where healthcare professionals and researchers from diverse backgrounds come together to share knowledge and learn from one another. Respect differing opinions and engage in discussions with professionalism. Disrespectful, derogatory, or unprofessional comments will not be tolerated.
5. Keep Comments Professional: When contributing to clinical or research discussions, remember that Upstreamed is a professional platform. Comments that are lewd, inappropriate, or unprofessional are unacceptable and will be removed to maintain a respectful environment.
6. Support Your Contributions with Data: Clinical discussions and research insights must be backed by reliable data or scientific evidence. Failure to provide sufficient support when requested may result in your post or comment being removed.
7. Avoid Promotional Content: All contributions on Upstreamed should serve to further medical knowledge and scientific discovery. Spamming the community with commercial interests, fundraising efforts, or self-promotion is not permitted.
Free Speech Policy
At Upstreamed, we believe that open dialogue and free expression are essential for advancing medical knowledge, research, and innovation. We are committed to creating a space where clinicians, researchers, and healthcare professionals can freely discuss important topics, exchange groundbreaking ideas, and receive honest, constructive feedback.
However, free speech doesn’t mean an absence of responsibility. We strive to create an environment where all voices are respected, and ideas can be challenged constructively to become better ideas. Our commitment is to foster crucial conversations that lead to positive outcomes while ensuring that all users feel respected and heard.
We do not tolerate harassment, hateful speech, or any conduct that stifles the productive exchange of ideas. Maintaining a civil and professional tone is paramount to ensuring that the platform remains a space for meaningful engagement.
By participating in discussions on Upstreamed, you agree to uphold these values, enabling us to maintain a thriving community of thought leaders who can engage in transparent, respectful, and impactful conversations. Together, we can make groundbreaking progress in global healthcare and scientific advancement.
Fair Use Policy
Users who abuse or misuse the service may have to pay more and/or have their service restricted. This includes exceeding reasonable usage limits and any actions that interfere with the normal operation of the Services.
Account Deletion
Users can delete their account at any time. Upon deletion, the account will be archived for 30 days and then permanently deleted. During the archive period, you may contact support to restore your account.
Security and Data Protection
We take the protection of your personal information seriously and are committed to safeguarding your data. To access and use Upstreamed’s Site, Services, App, and Collective Content, you must provide a valid email address and password. Additionally, we may collect other data to verify your credentials and maintain the integrity of the platform. This includes, but is not limited to, your name, phone number, medical specialty, professional credentials, and location.
By accessing and using the Services, you consent to receive electronic communications from Upstreamed. We implement industry-standard security measures, including encryption and secure access protocols, to protect your data. However, no data transmission or storage system can be guaranteed to be 100% secure. You are responsible for maintaining the confidentiality of your account credentials and must notify us immediately if you suspect any unauthorized access or breach.
While we strive to protect your information, we cannot be held responsible for lost, hacked, or stolen data. For your own security, avoid sharing sensitive information on the platform, particularly in public posts. Our anonymous posting function offers some privacy but does not guarantee full anonymity or confidentiality.
If you have any concerns about the security of your data or experience any security-related issues, please contact us at [email protected] immediately.
Privacy and Cookie Usage
Upstreamed uses cookies and similar technologies to enhance your experience. Our cookies policy is compliant with GDPR and other applicable laws. We collect certain data through cookies, including site analytics through Fathom Analytics, which do not track personal information.
Email Communications
By clicking the "Sign Up For Free" button or accessing or using the Services, you consent to receive periodic email marketing newsletters and other communications from Upstreamed. You may opt out of receiving these communications at any time by using the unsubscribe process linked in any such communications.
Disclaimers and Limitation of Liability
Upstreamed, Inc. provides the Services "as is" without any warranties of any kind, either express or implied. To the fullest extent permitted by law, in no event will Upstreamed, Inc., its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
1. Your access to or use of or inability to access or use the Services;
2. Any unauthorized access to or use of our servers and/or any personal information stored therein;
3. Any interruption or cessation of transmission to or from the Services;
4. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;
5. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.
Liability Cap: In no event will the aggregate liability of Upstreamed exceed the greater of (a) the total fees paid by you to Upstreamed in the twelve (12) months preceding the event giving rise to the liability, or (b) $500.
Dispute Resolution and Mediation
In the event of any disputes between you and Upstreamed that cannot be resolved through informal discussions, the parties agree to submit to third-party mediation before initiating arbitration.
1. Mediation Process: The parties will attempt to resolve the dispute through mediation conducted by a mutually agreed-upon neutral mediator. The costs of mediation will be split equally between both parties. Mediation will take place virtually or at a location agreed upon by both parties.
2. Binding Arbitration: If mediation fails, the dispute will be resolved through binding arbitration under the rules of the International Chamber of Commerce (ICC). Arbitration will take place in Delaware or Maryland. Each party agrees to bear their own costs for legal representation and arbitration, and any award rendered in arbitration shall be final and binding.
3. Class Action Waiver: You and Upstreamed agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit.
4. Limitation Period: Any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
Contact Us
If you have any questions or concerns about these Terms, please contact us at [email protected].