WoundWise Terms of Use
Welcome to WoundWise, a service provided by Silverberry Group, LLC ("Silverberry," "Pingoo," "we," "us," or "our") through the Pingoo platform. These Terms of Use ("Terms") govern your access to and use of WoundWise, including any content, functionality, or services offered through the website at https://pingoo.ai or related applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
Purpose and Scope of WoundWise
WoundWise is an AI-powered tool designed to provide educational and informational content related to wound care, with a focus on diabetic foot ulcers and diabetes management. The Service is intended solely for educational and informational purposes by Users, defined as health systems, clinics, hospitals, service providers, physicians, nurses, or other healthcare professionals ("Users"). It is not intended for clinical decision-making, diagnosis, treatment, or direct patient care.
Restricted Use
Educational and Informational Use Only: Users may only use WoundWise to access educational materials, informational resources, and AI-generated insights for learning, training, professional development, or research purposes. The Service must not be used for: Diagnosing or treating patients. Making clinical decisions or providing medical advice. Direct patient care or management. Any purpose that deviates from educational or informational objectives.
Provider and Clinician Restriction: Access to WoundWise is restricted to licensed healthcare providers and clinicians, including those affiliated with health systems, clinics, hospitals, or service providers. Users must verify their professional credentials as required by Silverberry to access the Service. No Patient Use: The Service is not intended for use by patients or non-healthcare professionals. Users must not share access or content from WoundWise with patients or unauthorized individuals.
Wound Image Analysis Feature
Description: WoundWise includes a Wound Image Analysis Feature that allows Users to upload wound images for AI-driven analysis to generate educational and informational insights, such as wound progression trends or healing assessments. Restricted Use: The Wound Image Analysis Feature is strictly limited to educational and informational purposes and must not be used as a clinical tool for diagnosis, treatment, or patient management. Supported Cameras: The Wound Image Analysis Feature is only supported when images are captured using cameras approved by Silverberry ("Supported Cameras"). A list of Supported Cameras is available at https://pingoo.ai. Use of non-approved cameras may result in inaccurate outputs and is prohibited. Additional Agreement Amendment: Access to and use of the Wound Image Analysis Feature requires Users to sign an additional agreement amendment ("Feature Amendment") provided by Silverberry. This amendment outlines specific terms, conditions, and responsibilities for using the feature. Users may not access the Wound Image Analysis Feature without executing the Feature Amendment. User Responsibility: Users are responsible for ensuring compliance with the Feature Amendment and for using only Supported Cameras. Silverberry is not liable for any issues arising from the use of non-approved cameras or failure to comply with the Feature Amendment.
Use of AI Service Providers (LLMs)
Multiple AI Models: WoundWise utilizes multiple commercial and open-source artificial intelligence service providers, including large language models (LLMs), to process data and generate insights for the Service, including the Wound Image Analysis Feature. Data Sharing with LLMs: By using WoundWise, you acknowledge and agree that information entered into the Service, including but not limited to wound images, parameters, and other user inputs, may be shared with these third-party AI service providers to enable the functionality of the Service. Authorization: You grant Silverberry full authority to select, use, and share data with these commercial or open-source LLMs as necessary to provide and improve the Service. This includes the right to process, analyze, and store data in accordance with the terms of service of the respective AI providers. Efforts to Redact Personal Information: Silverberry makes reasonable efforts to redact personal patient information (e.g., protected health information or PHI) from data shared with LLMs. However, we cannot guarantee that all such information will be fully redacted or protected from disclosure. Provider Responsibility for Consent: It is the sole responsibility of the User to obtain appropriate consent and approval from patients or other relevant individuals before entering, sharing, or analyzing their information in WoundWise. Users must ensure compliance with all applicable laws, including but not limited to HIPAA in the United States, and any institutional or ethical requirements regarding patient data.
Regulatory Compliance
Non-Medical Device Status: WoundWise is not a medical device and is not approved or cleared by the U.S. Food and Drug Administration (FDA). It is provided solely for educational and informational purposes and is not intended for clinical use, including diagnosis, treatment, or patient management. No Commercial Use: WoundWise is not a commercial product and is intended for non-commercial educational and informational purposes only. Local Laws and Regulations: Users are solely responsible for ensuring that their use of WoundWise complies with all applicable laws and regulations in their jurisdiction, including but not limited to healthcare, data privacy, and professional licensure laws. In the United States, this includes compliance with HIPAA and other relevant regulations. Users outside the United States must verify that use of the Service is permissible under local laws and regulations.
No Fees and Voluntary Participation
No Fees: Silverberry does not charge any fees for the use of WoundWise. The Service is provided free of charge to Users for educational and informational purposes. Voluntary Participation: Users participate in the Service voluntarily and agree to provide feedback, ideas, opinions, or other information to Silverberry to help improve the product. Such participation is at the User’s discretion and does not entitle Users to any compensation, ownership, or other rights.
Service Availability
No Guarantee of Uptime: WoundWise is provided on an “as available” basis. Silverberry does not guarantee that the Service will be uninterrupted, error-free, or available at all times. Planned maintenance, updates, or unforeseen technical issues may affect availability. No Liability for Downtime: Silverberry is not liable for any damages or losses resulting from Service downtime or unavailability, except as specified in a separate service-level agreement (SLA), if applicable.
User Conduct and Prohibited Uses
In addition to the restrictions in Section 2, you agree not to:
Use the Service for any illegal or unauthorized purpose. Attempt to gain unauthorized access to the Service, other user accounts, or Silverberry’s systems. Interfere with or disrupt the Service, including by introducing viruses, malware, or other harmful code, or by overloading or attacking the Service. Use the Service in a manner that could harm Silverberry, other Users, or third parties. Circumvent any security or access controls implemented by Silverberry.
Third-Party Services and Integrations
Reliance on Third Parties: WoundWise may rely on third-party services, such as cloud providers, hosting services, or hospital system integrations (e.g., EMR, HIS), to operate. Silverberry is not responsible for the performance, availability, or failures of these third-party services. Third-Party Terms: Your use of third-party services through WoundWise may be subject to the terms and conditions of those providers. You are responsible for complying with such terms.
User Eligibility
To use WoundWise, you must:
Be a licensed healthcare provider or clinician (e.g., physician, nurse, or allied health professional) in good standing with the relevant regulatory authority in your jurisdiction, or be affiliated with a health system, clinic, hospital, or service provider. Be at least 18 years of age. Have the legal capacity to enter into binding agreements. Comply with all applicable laws and regulations in your jurisdiction, including those related to healthcare, data privacy, and professional licensure. For the Wound Image Analysis Feature, execute the Feature Amendment as required.
License and Access
Limited License: Subject to your compliance with these Terms and, where applicable, the Feature Amendment, Silverberry grants you a limited, non-exclusive, non-transferable, revocable license to access and use WoundWise, including the Wound Image Analysis Feature, for educational and informational purposes only. Prohibited Actions: You may not: Copy, modify, distribute, or create derivative works of the Service or its content. Reverse-engineer, decompile, or attempt to extract the source code of the Service. Use the Service for commercial purposes, including reselling access or content. Share login credentials or allow unauthorized access to the Service. Use the Wound Image Analysis Feature with non-approved cameras or without signing the Feature Amendment. Use the Service in a manner that violates these Terms, the Feature Amendment, or applicable laws.
User Feedback
Submission of Feedback: Silverberry encourages Users to provide feedback, suggestions, ideas, opinions, or other information about WoundWise (“Feedback”) to help improve the Service. Feedback may be provided in any form, including but not limited to verbal, written, electronic, or other formats. License Grant: By submitting Feedback, you grant Silverberry an unlimited, universal, irrevocable, perpetual, royalty-free, transferable, sublicensable, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, exploit, and create derivative works from such Feedback for any purpose, without restriction or compensation. This includes, but is not limited to, using Feedback for product development, marketing, publication, sales, business development, corporate development, or any other purpose Silverberry deems fit, in any form or medium (e.g., digital, print, audio, video). Voluntary Submission: You acknowledge that providing Feedback is voluntary and that you have no expectation of compensation, attribution, or ownership rights in connection with such Feedback. No IP Claims: You waive any and all claims to intellectual property rights in the Feedback and agree that Feedback provided to Silverberry becomes the sole property of Silverberry. You represent and warrant that Feedback does not include confidential information, proprietary information, or ideas belonging to third parties. Protective Clause: To the fullest extent permitted by law, Silverberry, its affiliates, officers, directors, employees, and agents will not be liable for any claims, losses, or damages arising from the receipt, use, or implementation of Feedback, including but not limited to claims of intellectual property infringement, breach of confidentiality, or misuse of information. You agree that Silverberry has no obligation to maintain the confidentiality of Feedback unless explicitly agreed in writing. You further agree not to assert any claim, legal action, or proceeding against Silverberry related to its use of Feedback or collaboration with you, and you waive any right to seek equitable or injunctive relief in connection with such Feedback. No Obligation: Silverberry is not obligated to act on, respond to, or implement Feedback.
No Medical Advice
WoundWise, including the Wound Image Analysis Feature, is not a medical device, diagnostic tool, or treatment platform. The information and AI-generated outputs provided by the Service are for educational and informational purposes only and should not be considered medical advice. Users are solely responsible for any decisions or actions taken based on the Service’s content and must exercise professional judgment in all clinical contexts.
User Responsibilities
Accuracy of Information: You are responsible for ensuring the accuracy and appropriateness of any data or content you input into WoundWise, including images uploaded to the Wound Image Analysis Feature. Compliance with Laws: You must comply with all applicable laws and regulations in your jurisdiction, including those related to healthcare, data privacy (e.g., HIPAA in the United States), professional licensure, and export controls. If using the Service outside the United States, you are solely responsible for verifying that such use is permissible under local laws and regulations. Patient Consent: You are responsible for obtaining all necessary consents and approvals from patients or other individuals before entering their information into the Service, as outlined in Section 4. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Feature-Specific Compliance: For the Wound Image Analysis Feature, you must use only Supported Cameras and comply with the Feature Amendment. Feedback Restrictions: When providing Feedback, you must not share confidential information, proprietary information, or ideas belonging to third parties.
Privacy and Data Security Your use of WoundWise is subject to our Privacy Policy, available at https://pingoo.ai/privacy-policy. We use reasonable measures to protect your data, but you acknowledge that no system is completely secure. You must not upload sensitive patient data or protected health information (PHI) unless explicitly permitted and in compliance with applicable laws in your jurisdiction, the Feature Amendment, and patient consent requirements.
Modifications to the Service Silverberry reserves the right to modify, update, suspend, or discontinue the Service (or any part thereof, including the Wound Image Analysis Feature) at any time, with or without notice. Silverberry is not liable for any damages or losses resulting from such changes.
Disclaimers
As-Is Basis: WoundWise, including the Wound Image Analysis Feature, is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of accuracy, reliability, or fitness for a particular purpose. No Guarantee of Outcomes: Silverberry does not guarantee the accuracy, completeness, or usefulness of the Service’s content, including outputs from the Wound Image Analysis Feature, or its suitability for any specific educational or informational purpose. AI Limitations: AI-generated outputs, including those from LLMs or the Wound Image Analysis Feature, may contain errors or inaccuracies. Users must independently verify all information before relying on it. Data Redaction Limitations: Silverberry does not guarantee the complete redaction of personal patient information shared with third-party LLMs, and Users assume all risks associated with such data sharing. Regulatory Disclaimer: WoundWise is not FDA-approved and is not intended for clinical use. Users assume all responsibility for ensuring compliance with applicable regulations when using the Service.
Limitation of Liability To the fullest extent permitted by law, Silverberry and its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of or inability to use WoundWise, including the Wound Image Analysis Feature, even if advised of the possibility of such damages. This includes damages related to errors in AI outputs, loss of data, use of non-approved cameras, failure to redact personal information, service downtime, third-party service failures, or use of Feedback.
Indemnification You agree to indemnify, defend, and hold harmless Silverberry, its affiliates, and its third-party AI service providers from any claims, losses, or damages, including legal fees, arising from your use of WoundWise, including the Wound Image Analysis Feature, provision of Feedback, collaboration with Silverberry, violation of these Terms or the Feature Amendment, failure to obtain patient consent, or infringement of any third-party rights.
Force Majeure Silverberry will not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, wars, terrorism, government actions, labor disputes, or internet failures (“Force Majeure Events”).
Termination
By Silverberry: We may suspend or terminate your access to WoundWise, including the Wound Image Analysis Feature, at our discretion, with or without notice, for reasons including violation of these Terms, the Feature Amendment, misuse of the Service, or inactivity. By You: You may stop using the Service at any time. Effect of Termination: Upon termination, your license to use WoundWise, including the Wound Image Analysis Feature, ends, and you must cease all access. Provisions of these Terms that by their nature should survive termination (e.g., disclaimers, liability limitations) will continue to apply.
Modifications to the Terms
We may update these Terms at any time by posting the revised version on the WoundWise website at https://pingoo.ai. Continued use of the Service after such changes constitutes your acceptance of the updated Terms. We will notify you of material changes via email or a notice within the Service.
Notices
Communication: All notices, requests, or other communications from Silverberry will be sent via email to the address associated with your account or posted on the WoundWise website at https://pingoo.ai. Notices are deemed effective upon sending (for email) or posting (for website notices). User Notices: You may contact Silverberry for notices or inquiries as provided in Section 27.
Governing Law and Dispute Resolution
Governing Law: These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. Dispute Resolution: Any disputes arising from these Terms, the Feature Amendment, or your use of WoundWise will be resolved through binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Language The English version of these Terms is legally binding. Any translations provided are for convenience only, and in the event of a conflict, the English version prevails.
Miscellaneous
Entire Agreement: These Terms, together with the Privacy Policy and, where applicable, the Feature Amendment, constitute the entire agreement between you and Silverberry regarding WoundWise. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Assignment: You may not assign these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction. Export Compliance: You must comply with all applicable export control laws and regulations. You may not use the Service if you are located in a country or region where its use is prohibited by U.S. or other applicable export laws. No Geographic Restriction: Silverberry does not restrict the use of WoundWise to specific jurisdictions, but Users are solely responsible for ensuring compliance with local laws and regulations, as outlined in Section 5.
Contact Information For questions or concerns about these Terms, the Wound Image Analysis Feature, or WoundWise, please contact us at: Silverberry Group, LLC
Email: support@pingoo.ai
Website: https://pingoo.ai
Thank you for using WoundWise responsibly and in accordance with these Terms.