Terms of Service
Last updated: March 2025
1. Agreement
These Terms of Service ("Terms") govern your use of the Wendy.ai website and MDS AI Assistant platform operated by Wendy.ai LLC ("Wendy.ai," "we," or "us"). By using our services, you agree to these Terms. If you do not agree, do not use our services.
2. Description of Services
Wendy.ai provides an AI-assisted MDS (Minimum Data Set) preparation tool for skilled nursing facilities. The platform analyzes clinical documents and suggests MDS section values with document-to-section linkages. Use of the demo is free; production use may require a separate agreement and Business Associate Agreement (BAA).
3. Acceptable Use
You agree to use our services only for lawful purposes. You will not: (a) use the services in violation of any law or regulation; (b) attempt to gain unauthorized access to our systems or data; (c) interfere with or disrupt the services; (d) use the services to process PHI without a valid BAA in place; (e) reverse engineer or attempt to extract source code.
4. Demo and Production Use
The demo uses synthetic data and is provided "as is" for evaluation. Production use with real facility data requires a separate service agreement and BAA. You are responsible for ensuring your use complies with HIPAA and other applicable laws.
5. Intellectual Property
Wendy.ai and its content, features, and functionality are owned by Wendy.ai LLC and are protected by copyright, trademark, and other laws. You may not copy, modify, or create derivative works without our written permission.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. AI SUGGESTIONS ARE FOR ASSISTANCE ONLY; USERS REMAIN RESPONSIBLE FOR VERIFYING ALL MDS VALUES BEFORE SUBMISSION.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WENDY.AI LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM (OR $100 IF YOU PAID NOTHING).
8. Indemnification
You agree to indemnify and hold harmless Wendy.ai LLC and its officers, directors, and employees from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the services or violation of these Terms.
9. Termination
We may suspend or terminate your access to the services at any time for any reason. You may stop using the services at any time. Upon termination, provisions that by their nature should survive (e.g., liability limitations, indemnification) will survive.
10. Changes
We may modify these Terms at any time. We will post the updated Terms on this page and update the "Last updated" date. Continued use after changes constitutes acceptance. Material changes may be communicated via email or a notice on our site.
11. General
These Terms constitute the entire agreement between you and Wendy.ai. They are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute shall be resolved in the courts of Delaware. If any provision is held invalid, the remainder remains in effect.
12. Contact
For questions about these Terms, contact us at legal@wendy.ai or via our contact form.