MEDam Terms of Service

Article 1. INTRODUCTION

Welcome to MEDam.com, an online platform (the “Platform”) that enables individuals (“Customers”) to connect with medical tourism providers in Armenia. Each medical facility, clinic, or medical center listed on the Platform is referred to as a “Medical Facility.”

Users of the Platform include Customers, Medical Facilities, and the individual physicians employed by or affiliated with a Medical Facility who deliver care to Customers (“Doctors”), and their authorized representatives (all jointly referred to as “Users,” “you,” “your”).

These Terms of Service (“Terms”) constitute a binding legal agreement between you and MED.AM LLC, a company registered in the Republic of Armenia (“RA”) with registered office at 70/3 Dzorap Street, 0015 Yerevan, Armenia, state registration number 286.110.1478245, Tax Registration Number 02932896 (“Company,” “we,” “us,” or “our”), governing your access to and use of the Platform. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

By creating an account, and accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms (found at www.medam.com/terms-of-service), and all applicable laws and regulations. You will be asked to review and accept these Terms and acknowledge the Privacy Notice (the “Privacy Notice” found at www.medam.com/privacy-policy).

If you are a Customer, these Terms constitute a binding contract between you and MEDam.com.

If you are a representative of a Medical Facility or a Doctor, these Terms constitute a binding contract between you and MEDam.com and apply in addition to the contract between MEDam.com and the Medical Facility, and will govern your access and use of the Platform, with the exception of provisions specifically relating to Customer.

Once you agree to be bound by these Terms, you will be able to access a copy thereof on your Customer dashboard.

MEDam.com operates the Platform in the Republic of Armenia under a license granted to it by the owner of the Platform. MEDam.com is responsible for the operation of the Platform and for its obligations under these Terms.

IMPORTANT: These Terms govern only your access and use of the Platform. Separate contracts between Customers and Medical Facilities will govern the actual provision of medical services. Customers will have the right to review and accept those contracts before any medical procedure is performed.

If you do not agree with these Terms, you must not access or use the Platform.

1.1. Role of MEDam.com

As the Platform provider, MEDam.com does not own, control, offer or manage any Medical Facilities. MEDam.com does not act as, and is not, an agent in any capacity for any Medical Facility. MEDam.com is not a party to the contracts that the Customers will enter into directly with any Medical Facility, nor is MEDam.com an insurer of any such service.

DISCLAIMER: MEDam.com DOES NOT ENDORSE, RECOMMEND, OR GUARANTEE THE EXISTENCE, QUALITY, SAFETY, OR SUITABILITY OF ANY MEDICAL FACILITY, LISTING, OR SERVICE OR THE OUTCOMES OF ANY MEDICAL PROCEDURE.

MEDam.com CONFIRMS, BASED ON INFORMATION AVAILABLE TO IT AT THE TIME OF ONBOARDING, THAT DOCTORS ON THE PLATFORM ARE LISTED ON THE NATIONAL DOCTOR REGISTER AS BEING ACCREDITED. MEDam.com DOES NOT, HOWEVER, HAVE AN ONGOING MECHANISM TO MONITOR DOCTORS DURING THE FIVE-YEAR ACCREDITATION PERIOD AND DOES NOT HAVE ACCESS TO REAL-TIME INFORMATION ABOUT MALPRACTICE INVESTIGATIONS, LICENSE SUSPENSIONS, OR RESTRICTIONS THAT MAY ARISE DURING THAT PERIOD. ONGOING OVERSIGHT RESPONSIBILITY REMAINS WITH HOSPITALS AND REGULATORY AUTHORITIES. MEDam.com RELIES ON THE SELF-REPORTING OBLIGATIONS SET OUT IN THE DOCTOR TERMS BELOW, UNDER WHICH DOCTORS MUST NOTIFY MEDam.com WITHIN 48 HOURS OF ANY LICENSE SUSPENSION OR RESTRICTION OR CHANGE IN PRACTICE STATUS. MEDam.com DOES NOT INDEPENDENTLY VERIFY, AUDIT, OR GUARANTEE THE COMPLETENESS, ACCURACY, OR CURRENT STANDING OF ALL OTHER INFORMATION PROVIDED BY MEDICAL FACILITIES. CUSTOMERS ARE SOLELY RESPONSIBLE FOR EVALUATING AND SELECTING MEDICAL FACILITIES AND UNDERSTANDING THE RISKS ASSOCIATED WITH ANY MEDICAL PROCEDURE. MEDam.com DOES NOT WARRANT THAT VERIFICATION OR BACKGROUND CHECKS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE ISSUES.

ANY RATINGS ON THE PLATFORM ARE BASED ON CUSTOMER FEEDBACK ONLY, DO NOT REFLECT MEDam.com’s OPINION, AND DO NOT IMPLY ENDORSEMENT OR RECOMMENDATION BY MEDam.com.

MEDam.com’s role is strictly limited to:

MEDam.com DOES NOT CONTROL OR DIRECT THE PROVISION OF SERVICES AND HAS NO OBLIGATION TO MONITOR CONTENT OR INTERACTIONS. MEDam.com does not guarantee any scheduling timeline and is not liable for costs associated with provider-side delays or rescheduling.

At the Appointment, the Customer will enter into a contract directly with the relevant Medical Facility. MEDam.com IS NOT LIABLE FOR ANY BREACH OF SUCH CONTRACTS OR DISPUTES BETWEEN CUSTOMERS AND MEDICAL FACILITIES.

The Medical Facility is committing, as per the terms of a Booking (as defined below) which will be approved between the Customer and the Medical Facility (and will constitute a contract between you and the Medical Facility), to use commercially reasonable efforts to schedule Customer’s medical procedure within three (3) business days of your Appointment, subject to medical clearance, provider availability, and circumstances beyond the Medical Facility’s reasonable control. This commitment is made by the Medical Facility and not by MEDam.com, and is subject to Force Majeure events (defined in section 5.13). MEDam.com is not, and does not become a party to, such contractual relationship between the Customers and Medical Facilities.

MEDam.com is not a Medical Facility, and MEDam.com does not:

MEDam.com DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION PROVIDED BY MEDICAL FACILITIES.

MEDam.com may collect information regarding licenses and credentials but does not independently verify or guarantee their authenticity, current validity, or good standing with regulatory authorities. Specifically, we do not verify, endorse, guarantee, or warrant the qualifications, credentials, competence, quality of care, safety standards, or performance of any Medical Facility. We do not and cannot control the conduct, performance, or medical outcomes provided by Medical Facilities. Customers must independently verify the credentials and suitability of any Medical Facility before booking the medical services.

Payment Processing: Payments to MEDam.com and Medical Facilities (to the extent those are made via the Platform) are processed by licensed financial institutions, who provide the corresponding payment processing services. MEDam.com acts solely as a facilitator and is not responsible for any delays, errors, holds, reversals, or disputes arising from the financial institution's processing, compliance with Armenian financial regulations, or Force Majeure events affecting the financial institution. Customers acknowledge that international transactions may be subject to additional verification requirements under Armenian anti-money laundering regulations.

In relation to the payments to Medical Facilities, MEDam.com does not set medical prices, determine medical eligibility, provide medical advice, or control the provision of medical services. MEDam.com does not provide escrow, trust, fiduciary, or custodial services unless expressly stated in writing. MEDam.com IS NOT LIABLE FOR ANY PAYMENT PROCESSING ERRORS, FRAUD, OR ISSUES WITH THIRD-PARTY PAYMENT PROVIDERS. ALL PAYMENTS ARE SUBJECT TO THE TERMS OF THE PAYMENT PROVIDER.

1.2. Eligibility and account registration

You may use the Platform only for the following permitted purposes:

You represent that you are not subject to sanctions or located in a jurisdiction where providing the Platform is prohibited under applicable law. All use of the Platform must be in accordance with these Terms and applicable laws.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. MEDam.com IS NOT LIABLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO APPLY APPROPRIATE SECURITY MEASURES TO MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT.

To use the Platform, you must:

You must immediately notify us of any unauthorized use of your account or any other security breach.

The Platform offers different account types for:

Each account type is subject to specific terms outlined in their respective Sections. The remainder of the Terms applies to all Users of the Platform.

Article 2. CUSTOMER TERMS

2.1. Searching and booking

Searching

Customers may search for services using various criteria, including procedure type, Medical Facility or Doctor, and may filter by price range, specialty, procedure group, Doctor gender, languages spoken, and whether the Doctor publishes before-and-after images. Search results matching your criteria are displayed in alphabetical order by the Doctor’s surname. In the default browse view, Doctors are grouped into sections by specialty, and those sections appear in a fixed order that does not reflect clinical quality, outcomes, popularity or payment; a Doctor who offers procedures in more than one specialty appears in each relevant section. Filtered views and text-search results are shown as a single alphabetical list. Medical Facilities are likewise listed alphabetically. Filters change which Doctors appear, never the order in which they appear, and there is no user-facing sort control. MEDam.com does not rank Medical Facilities or Doctors on clinical quality or outcomes, and does not accept payment for ranking placement.

SEARCH RESULTS ARE NOT ADVERTISEMENTS AND DO NOT CONSTITUTE ENDORSEMENTS OR RECOMMENDATIONS OF ANY MEDICAL FACILITY, DOCTOR OR OTHER SERVICE PROVIDER.

AI Concierge.

The Platform may make available an artificial intelligence assistant named Ani (the “Concierge”) that answers questions about the Platform, listed Medical Facilities, procedures and listed prices. THE CONCIERGE IS AN INFORMATIONAL TOOL ONLY. IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, DOES NOT INTERPRET SYMPTOMS, AND DOES NOT ASSESS WHETHER ANY PROCEDURE IS APPROPRIATE FOR YOU. You should not rely on the Concierge for any medical decision and should not submit medical, health or other sensitive personal information to it.

Concierge responses are generated automatically and may be incomplete, out of date or inaccurate. Any price presented by the Concierge is a listed price only and is not a quote; your Total Procedure Price is confirmed with the Doctor during the Telemeet, and finalized in your Booking. Concierge suggestions are selected from the catalogue using objective factors relevant to your request: the procedures a Doctor offers and their listed prices, specialty, facility, languages spoken, the Doctor’s own profile information, and certification status. Doctor gender is used only where you tell the Concierge that you have a preference. The Concierge presents the matches it assesses to be closest to your request first. That assessment is made only on the factors listed above; it is not an assessment of clinical quality, outcomes, ratings, popularity or payment, and MEDam.com does not rank Doctors on clinical quality or outcomes. Because the Concierge generates its response each time you ask, the matches and the order in which they appear may differ if you ask the same question again. The Concierge shows a small number of matches with a control to see the remainder. MEDam.com does not accept payment for placement in Concierge responses, and a Concierge suggestion is a search result only and does not constitute a medical referral, endorsement or recommendation. The Concierge can pre-fill a booking request with the Doctor, procedure and listed price, but cannot submit a booking request, create a Booking or take payment; reserving a slot, authorizing the card-validation hold and confirming your Booking are all done by you on the pages that follow. Your interactions with the Concierge are processed as described in the Privacy Notice, including any transfer of data to service providers located outside the RA.

Once you (a Customer) choose a Doctor and medical service(s) you desire, the price for the medical services will be clearly noted. The “Total Procedure Price” means: (i) the price for the medical services (including all related medical fees, facility fees, and medical professional fees), (ii) all taxes applicable under RA law at the time of booking, and (iii) any other mandatory fees identified during the checkout process, as explicitly identified at the time of booking.

PRICE TRANSPARENCY NOTICE: THE TOTAL PROCEDURE PRICE DISPLAYED INCLUDES ALL MANDATORY CHARGES FOR THE MEDICAL SERVICES SHOWN. IT DOES NOT INCLUDE THE 3% PLATFORM FEE, WHICH IS ADDED TO THE PROCEDURE PRICE AND IS CALCULATED AND SHOWN TO YOU IN FULL BEFORE YOU CONFIRM YOUR BOOKING. ADDITIONAL COSTS MAY APPLY FOR: (A) MODIFICATIONS TO THE PROCEDURE AGREED DURING APPOINTMENT, (B) ADDITIONAL MEDICAL AND OTHER SERVICES NOT INCLUDED IN THE ORIGINAL BOOKING, SUCH AS ADDITIONAL TESTS, ADDITIONAL PROCEDURES, CHANGES IN THE BOOKED PROCEDURE, EXTENDED HOSPITAL STAY, UPGRADES IN THE HOSPITAL ROOM TYPE, AND (C) ANY COMPLICATIONS OR FOLLOW-UP CARE. YOU SHALL BE INFORMED OF ANY ADDITIONAL CHARGES BY THE MEDICAL FACILITY BEFORE YOU ARE REQUIRED TO PAY THEM. MEDam.com IS NOT LIABLE FOR ANY ADDITIONAL COSTS OR PRICE CHANGES BY PROVIDERS.

Booking medical services

When you (a Customer) click to book a service with a Medical Facility, you will be asked to complete a form. Through the form you can indicate the requested treatment, procedure, Medical Facility, specific Doctor, and expected procedure dates. Please note that most medical procedures will require a recovery time, during which travel may be impossible or undesirable; you should keep this in mind when planning a trip to Armenia in connection with a medical procedure.

Once you (a Customer) submit your service request, you will be asked to complete your payment details with a third-party payment provider and authorize our processing of the payment. Note that a nominal card-validation hold will be placed on your payment method at this point to verify the validity of your payment method. This is an authorization hold, not a charge: no amount is debited, although the hold may temporarily reduce your available credit. The hold will be released if you do not proceed with the booking. If you complete the booking, amounts will be charged in accordance with the payment provisions of these Terms. Release timing may depend on your bank or card issuer and is outside of MEDam.com’s control. YOU AUTHORIZE MEDam.com TO VERIFY AND CHARGE YOUR PAYMENT METHOD, BUT MEDam.com IS NOT RESPONSIBLE FOR BANK FEES OR CURRENCY CONVERSIONS.

Once you (a Customer) authorize payment, we will schedule a Telemeet between you and your Doctor. You will be informed of the meeting by email. The Telemeet details will also be visible to you on your Platform dashboard.

If a Medical Facility or Doctor fails to attend a scheduled Telemeet or cancels such Telemeet without reasonable notice, MEDam.com will use commercially reasonable efforts to facilitate the scheduling of an alternative Telemeet with the same or a different Medical Facility at no additional cost to the Customer. MEDam.com’s obligation is limited to facilitating communication between the Customer and available Medical Facilities. If an alternative Telemeet cannot be arranged within a reasonable time, you may cancel your request.

Once your Telemeet with the Doctor has taken place, both you and the Doctor will be asked to confirm the requested service and confirm a corresponding Booking.

Upon confirmation of the medical services by both the Doctor and the Customer, a separate electronic document will be generated in the Platform, which will contain the details of the medical procedure (including date of the Appointment and Total Procedure Price). This document will need to be confirmed by the Doctor (acting on behalf of the Medical Facility) and the Customer, and upon such confirmation will constitute a binding agreement between the Customer and the Medical Facility (hereafter referred to as a “Booking”).

Upon confirmation of the Booking, Customer expressly authorizes MEDam.com to charge their payment method (a) a platform fee equal to 3% of the Total Procedure Price (“Platform Fee”), and (b) 7% of the Total Procedure Price (the “Facility Deposit” and together with the Platform Fee, the “Deposit”).

You will receive an invoice for the Deposit after your Booking. ALL PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW.

Upon payment of the Deposit, Customer’s in-person Appointment with the Medical Facility for the requested services will be finally booked. You will be notified via email, and details of the Appointment will be available on your Platform dashboard.

When you book a medical service, you are agreeing to pay the Total Procedure Price and the Platform Fee which together form the total price for your Booking. The Booking constitutes a binding agreement between the Customer and the Medical Facility, which governs the booking of an Appointment and the procedure, payments and refunds of certain portions of the Total Procedure Price prior to the medical procedure. Booking does not govern the provision of medical services (aside from Appointment), for which a separate contract shall be signed between the Customer and the Medical Facility upon the arrival of the Customer to the Medical Facility’s institution.

By confirming the Booking, Customers expressly authorize MEDam.com to charge Customer’s payment method the Deposit in accordance with these Terms. The balance of the Total Procedure Price is not charged to your payment method by MEDam.com; it is collected directly by the Medical Facility at the facility on discharge, by whatever payment method you and the Medical Facility agree. Customers will receive a receipt for the Total Procedure Price at the end of the medical procedure. You can also request the Medical Facility to issue you an invoice for the same in accordance with RA tax regulations. MEDam.com MAY CANCEL BOOKINGS SUSPECTED OF FRAUD WITHOUT LIABILITY.

When you (a Customer) book through the Platform, you are agreeing to enter into a direct contract with the Medical Facility for the provision of the medical services, not with MEDam.com. Each Medical Facility uses its own form of contract and informed consent documentation. Upon arrival at the Medical Facility’s facility for the Appointment, you will be requested to review and sign that contract in person, together with any associated informed consent forms, subject to medically necessary modifications disclosed at or before the Appointment. MEDam.com requires Medical Facilities to make that documentation available in English. If you wish to review the Medical Facility’s contract and consent forms before you confirm your Booking or before you travel, you should ask the Doctor for a copy during your Telemeet.

IMPORTANT CONSUMER RIGHT: YOU (CUSTOMER) HAVE THE RIGHT TO REVIEW THESE DOCUMENTS CAREFULLY AND WITHDRAW FROM THE CONTRACT BEFORE SIGNING IF THE TERMS DIFFER MATERIALLY FROM THOSE DISCLOSED UPON BOOKING CONFIRMATION OR IF YOU DO NOT AGREE WITH ANY TERMS. IF YOU WITHDRAW AT THIS STAGE DUE TO MATERIAL DISCREPANCIES IN THE CONTRACT TERMS, YOU WILL BE ENTITLED TO A REFUND IN ACCORDANCE WITH SECTION 2.3. YOU SHOULD NOT SIGN ANY DOCUMENT YOU DO NOT FULLY UNDERSTAND OR AGREE WITH. YOU HAVE THE RIGHT TO REQUEST ADDITIONAL TIME TO REVIEW THE DOCUMENTS AND TO SEEK INDEPENDENT LEGAL OR MEDICAL ADVICE BEFORE SIGNING.

During your Telemeet with the Doctor (and before you make a Booking), you:

When you make a Booking, you are responsible for:

YOU ACKNOWLEDGE AND ASSUME RISKS THAT ARE INHERENT TO MEDICAL PROCEDURES AND TRAVEL, EXCEPT TO THE EXTENT SUCH RISKS ARISE DIRECTLY FROM MEDam.com’s GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

You acknowledge and accept that the Medical Facility or Doctor may refuse to provide medical services during your Appointment if you fail to meet eligibility requirements or if they determine it is unsafe to proceed, even after your travel to Armenia.

IMPORTANT NOTICE: IF THE MEDICAL FACILITY REFUSES TO PROCEED DUE TO YOUR FAILURE TO DISCLOSE RELEVANT MEDICAL INFORMATION DURING THE TELEMEET, YOU MAY NOT BE ENTITLED TO A REFUND OF AMOUNTS PAID AS DESCRIBED IN SECTION 2.3. SUCH DETERMINATION MUST BE DOCUMENTED IN WRITING BY THE MEDICAL FACILITY WITH SPECIFIC REFERENCE TO THE INFORMATION THAT WAS NOT DISCLOSED AND ITS MATERIALITY TO THE PROCEDURE. ANY DISPUTE REGARDING SUCH DETERMINATION IS SOLELY BETWEEN THE CUSTOMER AND THE MEDICAL FACILITY, AND MEDam.com SHALL NOT BE RESPONSIBLE FOR ADJUDICATING OR RESOLVING SUCH DISPUTES. YOU WILL BE RESPONSIBLE FOR ALL TRAVEL, ACCOMMODATION, AND OTHER EXPENSES YOU HAVE INCURRED. WE STRONGLY RECOMMEND THAT YOU OBTAIN APPROPRIATE TRAVEL AND MEDICAL INSURANCE TO COVER SUCH RISKS. MEDam.com IS NOT RESPONSIBLE FOR ANY LOSSES YOU SUFFER IF A MEDICAL FACILITY REFUSES TO PROVIDE SERVICES.

2.2. Price Changes and Notification

Medical Facility Price Changes

Medical Facilities may update their pricing for services (including medical services) at any time. Price changes by Medical Facilities do not require advance notice from MEDam.com, and you will see current pricing at the time of Booking. Once you have made a Booking, the Total Procedure Price for the procedure as booked is fixed and cannot be increased unilaterally by the Medical Facility. That fixed price does not prevent additional charges arising for services outside the booked procedure. Additional charges may apply where: (i) the information you provided turns out to be incorrect or incomplete and changes to the treatment plan or additional procedures become medically necessary; or (ii) you receive extended hospital stays, room-type upgrades, additional tests, or treatment for complications or follow-up care. Any change to the Total Procedure Price must be disclosed to you and approved by you before it is charged.

Platform Fee Changes

MEDam.com reserves the right to modify its Platform Fee at any time. We will provide Customers with at least thirty (30) days’ advance notice of any increases to Platform Fees. Notice of Platform Fee changes will be provided by email to the address associated with your account and by posting a prominent notice on the Platform homepage. It is your responsibility to ensure your email address is current. However, price changes will not affect services already booked and paid for. Any price change will only apply to new bookings made after the effective date of the change.

Acceptance of Changes

Your continued use of the Platform after the effective date of any price change constitutes acceptance of the new pricing. If you do not agree to the price change, you may discontinue use of the Platform.

Currency

Due to currency regulations, all fees and prices on the platform must be denominated in the currency of RA (AMD). You may configure the Platform to show the equivalent prices in another currency (e.g., USD). The price displayed on the Platform in any currency other than AMD is displayed based on the exchange rate at the relevant moment, and may change (increase or decrease) over time based on the exchange rate fluctuations. When confirming a Booking, you accept the risk that the total amount charged from your card in your preferred currency (other than AMD) may be different (larger or smaller) than the amount displayed at the time of the Booking. Any possible refunds are based on the AMD prices and fees, and thus the refunds you receive in any other currency may differ from the amount paid in such other currency, again due to exchange rate fluctuations.

2.3. Payments, Cancellations, Refunds and Booking Modifications

Payments

You expressly authorize MEDam.com and Medical Facilities (as applicable) to charge your designated payment method for all applicable fees as follows:

NOTE: The 10% amount paid at Booking is collected through the MEDam.com platform to secure your Appointment. This amount includes: (i) a three percent (3%) Platform Fee paid by the Customer for use of the MEDam.com platform and related services; and (ii) a non-refundable Facility Deposit of seven percent (7%) of the Total Procedure Price.

To secure the payment process, an OTP confirmation may be required from the Customer to process the payment. If any payment fails for any reason attributable to the Customer (e.g. insufficient funds on the card, failure to input an OTP confirmation, etc.), Customer will be provided notice and 48 hours to cure. Failing this, the Booking will be considered as cancelled by the Customer and released; no refund arises because no payment was successfully processed.

Cancellation and Refunds

If you cancel before your Booking is confirmed, nothing will have been charged to you by MEDam.com or the Medical Facility and there is no payment to refund. Once your Booking is confirmed, the 10% Deposit is charged and is non-refundable if you cancel. The balance of the Total Procedure Price is collected by the Medical Facility at discharge, so no amount beyond the Deposit can be forfeited if you cancel before then. Special rules apply if the Medical Facility cancels for medical reasons or if a Force Majeure event occurs.

Cancellation of Confirmed Booking

If you elect to cancel a confirmed Booking (including if you fail to attend the Appointment or the scheduled procedure), the following refund policies will apply.

Medical Cancellation after Appointment

If, at your Appointment, the Medical Facility determines on medical grounds that your procedure should not proceed, the Medical Facility will use commercially reasonable efforts to issue a written report (a “Procedure Refusal Report”) within two business days, stating (i) the medical basis for the decision at a high level, (ii) the documented out-of-pocket cost of any tests or procedures carried out during your Appointment, and (iii) whether the decision is based on non-disclosure. MEDam.com will refund the 7% Facility Deposit, less the documented cost of any tests or procedures carried out during your Appointment. The 3% Platform Fee is not refunded. Where those documented costs exceed the Facility Deposit, the Medical Facility will bill you directly for the difference; that amount is not collected through the Platform. MEDam.com will confirm whether a refund is due within ten business days of receiving the Procedure Refusal Report (or, if none is issued, within ten business days of the Appointment) and will process any refund due within fourteen business days of that confirmation. MEDam.com will process the refund unless the Medical Facility produces a Procedure Refusal Report identifying the specific information you did not disclose and its materiality to the procedure, and you have been given a reasonable opportunity to respond.

SUBJECT TO THE LIMITATION OF LIABILITY SECTION BELOW, MEDam.com IS NOT LIABLE FOR LOSSES ARISING FROM A CANCELLATION BY YOU OR BY A MEDICAL FACILITY. Nothing in these Terms limits any right you may have under your card issuer's dispute-resolution or chargeback procedures, or under applicable law governing card-based payments.

Refund Timing

MEDam.com will confirm whether a refund is due within ten (10) business days of receiving your cancellation or the relevant Procedure Refusal Report, and will process any refund due within fourteen (14) business days of that confirmation.

Where a refund is owed by the Medical Facility rather than by MEDam.com, MEDam.com will use commercially reasonable efforts to assist the Customer in obtaining that refund.

Refund impacted by currency and exchange rates

As described above, refunds will be made based on the AMD amounts charged, and the amount received in any other currency may differ from the amount charged in such other currency, due to exchange rate fluctuations.

If a Medical Facility with which you have a confirmed Booking ceases to be available on the Platform (including because its account is terminated or suspended), MEDam.com will contact you and use commercially reasonable efforts to assist you in rebooking with an alternative Medical Facility where possible. Where rebooking is not possible, or you do not wish to rebook, refunds will be processed in accordance with the applicable cancellation policy set out in this Section 2.3.

Booking Modifications

You and the Medical Facility may determine during the Appointment that you would like to modify your Booking (“Booking Modifications”). Any such Booking Modification shall be made via the MEDam.com Platform during the Appointment by you or, if made by the Medical Facility, with your immediate approval on the Platform dashboard. Customers agree to pay any additional amounts, fees, or taxes associated with approved Booking Modifications. MEDam.com IS NOT LIABLE FOR MODIFICATION DISPUTES.

2.4. Visa Rejection

You are solely responsible for obtaining any required visas or travel authorizations. MEDam.com does not provide visa services and is not responsible for visa application outcomes. If your visa application is denied or delayed for any reason, or your entry into the country is denied for any reason, such circumstance shall be treated as a Customer-initiated cancellation, and the applicable cancellation and refund provisions set forth in this Section shall apply.

WE RECOMMEND TRAVEL INSURANCE TO COVER THESE RISKS; MEDam.com DOES NOT PROVIDE INSURANCE.

2.5. Assumption of Risk

MEDam.com does not guarantee the accuracy, completeness, or timeliness of all information provided by Medical Facilities regarding their services, nor does MEDam.com independently verify all information provided by Medical Facilities or guarantee its accuracy or completeness. You are encouraged to verify information before making booking decisions.

BY USING THE PLATFORM, YOU ASSUME THE RISKS THAT ARE INHERENT IN MEDICAL PROCEDURES AND IN TRAVEL, INCLUDING ILLNESS, INJURY, DEATH, PROPERTY DAMAGE, AND DIFFERENCES IN MEDICAL REGULATION BETWEEN ARMENIA AND YOUR HOME COUNTRY. THIS ASSUMPTION OF RISK IS LIMITED TO RISKS INHERENT IN THE MEDICAL PROCEDURE ITSELF AND TO TRAVEL-RELATED CIRCUMSTANCES BEYOND MEDam.com’s CONTROL, AND DOES NOT EXTEND TO LOSS CAUSED BY MEDam.com’s OWN ACTS OR OMISSIONS. SUBJECT TO THE LIMITATION OF LIABILITY SECTION BELOW, MEDam.com IS NOT LIABLE FOR RISKS SO ASSUMED.

You acknowledge that medical procedures carry inherent risks, including the risk of medical complications or adverse outcomes, as well as the risk that the procedure may not achieve the intended results in full. While you assume certain risks associated with your decision to undergo medical procedure(s) and travel to Armenia, this assumption of risk is limited to risks that are inherent to the medical procedure itself and travel-related circumstances beyond MEDam.com’s control. You are encouraged to make informed decisions about your medical care.

By using the Platform and booking medical services, you acknowledge and assume certain risks associated with your Booking, including:

IMPORTANT: THIS ASSUMPTION OF RISK DOES NOT AFFECT: (I) THE MEDICAL FACILITY’S PROFESSIONAL OBLIGATIONS AND LIABILITY FOR MEDICAL MALPRACTICE OR NEGLIGENCE; (II) YOUR RIGHTS UNDER ARMENIAN LAWS; (III) MEDam.com’s OBLIGATIONS AND LIABILITY UNDER THESE TERMS; (IV) YOUR RIGHTS UNDER RA CONSUMER PROTECTION AND OTHER LAWS; OR (V) ANY OTHER MANDATORY STATUTORY RIGHTS YOU HAVE UNDER ARMENIAN LAW. NO PROVISION IN THESE TERMS CAN EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MEDam.com’s GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER ARMENIAN LAW.

2.6. Medical Complications and Follow-Up Care

You acknowledge that medical procedures may result in complications, adverse outcomes, extended recovery periods, or the need for additional or revision procedures (“Complications”). MEDam.com is not responsible for any costs, losses, or expenses arising from such Complications, including but not limited to additional medical treatment, extended hospital stays, or follow-up care.

If that additional treatment or a revision procedure is required, such services shall be arranged directly between you and the Medical Facility (or another medical institution you may choose) and may be subject to additional costs. MEDam.com does not guarantee the availability of follow-up treatment with the same Medical Facility.

You further acknowledge that MEDam.com is not responsible for any travel-related costs associated with Complications, including additional flights, accommodation, or other expenses required for return visits or extended stays in Armenia.

Article 3. MEDICAL FACILITY TERMS

3.1. Use of Platform by Medical Facility

Use of the Platform by Medical Facilities and their authorized representatives is, at all times, subject to both these Terms of Service and the separate written agreement between MEDam.com and the Medical Facility (the “Medical Facility Agreement”). By using the Platform, you represent and warrant that:

MEDam.com MAY REMOVE CONTENT THAT VIOLATES THESE TERMS OR LAWS, WITH NOTICE AND APPEAL RIGHTS.

By providing Content, you, on behalf of the Medical Facility, acting as its authorized representative, grant MEDam.com a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, and display such Content solely for the purposes of: (i) operating and providing the MEDam.com Platform services; (ii) promoting the MEDam.com Platform and its services; and (iii) complying with legal obligations. This license is granted for the term of the protection of the intellectual property rights in such Content. However, MEDam.com has no obligation to use, display, or continue to display any Content.

Following termination, MEDam.com may retain Content solely for legal compliance, dispute resolution, and archival purposes. MEDam.com will use Content in accordance with its Privacy Notice and applicable Armenian data protection laws.

You are responsible for all Content that you provide and represent and warrant that: (i) you either own or have obtained all necessary rights, licenses, consents and permissions to grant MEDam.com the rights described in these Terms; (ii) your Content does not and will not infringe, violate or misappropriate any third party’s intellectual property rights, privacy rights, publicity rights, or other proprietary rights; (iii) your Content complies with all applicable laws, including Armenian data protection and medical privacy laws; and (iv) if your Content includes images or information about Customers or other patients, you have obtained their express written consent in accordance with Armenian medical confidentiality laws (Law on Medical Care and Services to the Population) and data protection regulations (Law on Personal Data Protection). The Medical Facility shall be responsible for monitoring the foregoing.

MEDam.com reserves the right to remove or disable any Content that: (i) violates these Terms; (ii) infringes third party intellectual property or privacy rights; (iii) violates applicable laws, including Armenian data protection and medical privacy laws; (iv) contains false or misleading medical information; (v) compromises Customer or other patient confidentiality; or (vi) poses a risk to Customer or other patient safety or the integrity of the MEDam.com Platform. MEDam.com will notify you by email to your registered account address within five (5) business days whenever your Content is removed or disabled, stating the reason for removal and citing the specific provision(s) violated. You may appeal any content moderation decision by submitting a written appeal to appeals@medam.com within fourteen (14) days of receiving notice of the removal or disabling action. Your appeal must include: (i) identification of the specific Content at issue; (ii) the reason you believe the moderation decision was incorrect; and (iii) any supporting documentation. MEDam.com will review all appeals and provide a written response within ten (10) business days. MEDam.com’s decision following the appeal review shall be final.

You must ensure that the information provided on the Platform relating to your profile is accurate and up to date at all times.

Article 4. DOCTOR TERMS

4.1. Use of Platform by Doctors

By using the Platform, you represent and warrant that:

MEDam.com MAY REMOVE CONTENT THAT VIOLATES THESE TERMS OR LAWS, WITH NOTICE AND APPEAL RIGHTS.

By providing Content, you grant MEDam.com a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, and display such Content solely for the purposes of: (i) operating and providing the MEDam.com Platform services; (ii) promoting the MEDam.com Platform and its services; and (iii) complying with legal obligations. This license is granted for the term of the protection of the intellectual property rights in such Content. However, MEDam.com has no obligation to use, display, or continue to display any Content.

You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant MEDam.com the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with the content requirements set out in the Medical Facility Agreement, as made available to you. MEDam.com will notify you by email of any material change to those requirements before it takes effect.

Content moderation, notice and appeal are handled as set out in the Medical Facility Terms above, which apply equally to Content submitted by Doctors.

Doctors are required to inform MEDam.com in writing via email to compliance@medam.com within 48 hours of becoming aware of:

MEDam.com may, where required by law or necessary for Customer safety, disclose material licensing or disciplinary actions to affected Users. Any such disclosure will be limited to the minimum necessary information and made in compliance with applicable confidentiality and data protection laws.

As a Doctor using the Platform, you acknowledge and agree that you are solely responsible for:

You are required to maintain accurate availability information on the Platform.

Article 5. GENERAL TERMS

5.1. Reviews

Reviews are not yet available on the Platform. This Section describes how reviews will operate when the feature launches.

Users may submit feedback, suggestions, or comments about the MEDam.com Platform by contacting us at support@medam.com. MEDam.com welcomes User feedback and will review all submissions, though MEDam.com is under no obligation to respond to or implement any feedback received.

After receiving medical services, Customers may also leave reviews and ratings for Medical Facilities and individual Doctors.

Reviews must be:

Reviews must not:

Reviews may address:

Photographs submitted with a review. You may choose to include photographs of yourself, including before-and-after photographs of your own treatment, with a review. You may only submit photographs of yourself. Do not submit photographs that show any other patient or any member of staff, or that identify any other person. Photographs and text you submit with a review are Content for the purposes of these Terms. You may withdraw a photograph at any time by removing it from your account or by contacting us at privacy@medam.com, and we will remove it from the Platform.

MEDam.com reserves the right to:

MEDam.com IS NOT LIABLE FOR REVIEW CONTENT; REVIEWS ARE CUSTOMER OPINIONS ONLY. MEDam.com is not the author of reviews and reviews represent Customer opinion only. MEDam.com shall not be liable for Customer-generated content to the fullest extent permitted by law, even if it moderates, ranks, or removes reviews.

Only customers who completed a booking through the Platform may submit a review, so every review comes from a verified patient. MEDam.com does not verify the accuracy or content of reviews and makes no representations or warranties regarding their truthfulness or accuracy. Reviews represent the personal opinions of individual Customers and do not reflect the views of MEDam.com. Only Customers who completed a Booking through the Platform may submit reviews. MEDam.com acts solely as an intermediary platform for the publication of Customer-generated reviews.

By default, your review is published under your initials only. You may choose to publish your full name instead; you select your preference when you submit the review. You may change that preference, or ask us to remove your review, at any time.

Ratings and reviews are displayed on Medical Facility and Doctor profiles to the extent available. Ratings and reviews do not currently affect the order in which any results are displayed, or the visibility of any Medical Facility or Doctor. If that changes, we will update these Terms and the ranking information above before it takes effect.

Medical Facilities and Doctors with consistently low ratings may have their accounts reviewed or suspended. MEDam.com may, at its discretion, take steps to suspend or terminate such accounts as detailed in the Medical Facility Agreement.

5.2. Intellectual Property

Content made available through the MEDam.com Platform, including trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), and other content made available by MEDam.com (“Platform Content”), whether registered or unregistered, may be protected by copyright, trademark, patent, trade secrets, know-how, and/or other laws of the RA and other applicable jurisdictions. Platform Content does not include Content submitted by Users, which remains owned by the User or its licensors and is licensed to MEDam.com as set out in these Terms, or Personal Information, which is processed as described in the Privacy Notice. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of MEDam.com and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the MEDam.com Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, MEDam.com grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use the MEDam.com Platform; and (ii) access and view the Platform Content made available on or through the MEDam.com Platform and accessible to you, solely for your permitted use of the Platform as described in these Terms (and, in the case of Customers, for personal and non-commercial use only). YOU GRANT MEDam.com A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUB-LICENSABLE, AND TRANSFERABLE LICENSE TO USE, STORE, COPY, MODIFY, DISTRIBUTE, PUBLISH, AND DISPLAY YOUR CONTENT FOR PLATFORM OPERATIONS, PROMOTION, AND LEGAL COMPLIANCE PURPOSES.

Notwithstanding the foregoing, the license you grant in respect of photographs submitted with a Customer review is limited to storing, reproducing, resizing and displaying those photographs on the Platform in connection with that review, for as long as the review remains published. It does not include the right to modify their content, to use them for advertising or promotional purposes, or to sub-license or transfer them to any third party.

You may not:

5.3. Privacy & Data Protection

MEDam.com’s collection, use and protection of personal information collected on or through this Platform is governed by MEDam.com’s Privacy Notice found at www.medam.com/privacy-policy, which complies with the Law of the RA “On Protection of Personal Data” (as amended). Users may have certain data protection rights in accordance with applicable data protection law and your rights are further described in the Privacy Notice. MEDam.com IS NOT RESPONSIBLE FOR PROVIDERS’ DATA PRACTICES. MEDICAL FACILITIES ARE INDEPENDENT DATA CONTROLLERS RESPONSIBLE FOR THEIR OWN COMPLIANCE WITH DATA PROTECTION LAWS.

MEDam.com acts as a technology platform and intermediary. MEDam.com is not responsible for the processing of personal information by the Medical Facilities and their authorized representatives, who are independent data controllers under applicable data protection laws, including the Law of the RA “On Protection of Personal Data”.

5.4. Platform rules

You must at all times comply with these Terms and applicable law. You must follow these rules and must not help or induce others to break or circumvent these rules. You must not:

Violation of these prohibitions, these Terms or applicable law may result in content removal, account suspension or termination, cancellation of a Booking (in which case the cancellation and refund provisions of these Terms apply), suspension of any special status associated with your account, legal action, or reporting to law enforcement or regulatory authorities. MEDam.com will apply any such measure proportionately to the violation. MEDam.com MAY SUSPEND/TERMINATE ACCESS FOR VIOLATIONS OF THESE TERMS WITHOUT LIABILITY. MEDam.com shall not be liable for damages resulting from suspension or termination that is conducted in good faith and in accordance with these Terms and applicable Armenian law, provided that MEDam.com follows the required notice and appeal procedures.

MEDam.com will apply enforcement measures in a manner proportionate to the violation, consistent with applicable law. You will be notified of any such action and the specific reasons therefor in writing (via email to your registered address), except where prohibited by law or where immediate action is required for safety or security reasons. In cases of immediate action, notice and reasons will be provided as soon as reasonably practicable thereafter, typically within 48 hours. You will have the right to appeal such decisions in accordance with Section 5.5 (Complaints, questions or feedback).

5.5. Complaints, questions or feedback

If you have any questions, concerns or complaints related to the MEDam.com Platform, please contact MEDam.com at support@medam.com or through the “contact us” link on the Platform. MEDam.com’s registered address for formal notices is: Dzorap Street, 70/3, Yerevan, Armenia. We will provide you with an acknowledgment of receipt within 3 business days and a substantive response as soon as commercially reasonable but in no event greater than 30 calendar days of receiving your complaint. In urgent matters affecting health or safety, we will use commercially reasonable efforts to prioritize such matters and respond as soon as practicable. You will be informed if additional time is needed to resolve your complaint, along with the reasons for the delay and an expected resolution timeline.

Issues related to a Medical Facility’s services should be discussed directly with the Medical Facility. However, if the issue involves a potential violation of these Terms, safety concerns, or professional misconduct, you may additionally inform MEDam.com of the matter through the complaint process described above. DO NOT INCLUDE any personal or medical information in your complaint to us. MEDam.com reserves the right to, but is under no obligation to, investigate such complaints and take appropriate action, which may include suspension or termination of the Medical Facility’s account. This does not limit or replace your right to pursue remedies through applicable regulatory bodies, professional licensing authorities, or legal channels.

5.6. Amendments to Terms

MEDam.com reserves the right to modify or update these Terms at any time. We will notify you of material changes via email to the address associated with your account and/or by posting a notice on the Platform. Material changes will take effect thirty (30) days after notification is provided. Non-material changes (such as clarifications, corrections of typographical errors, or updates to contact information) will take effect upon posting. When you next log in to your account, you will be asked to confirm your acceptance to the updated Terms. If you do not agree with the updated Terms, you have the right to terminate your account in accordance with the termination provisions in these Terms. YOUR CONTINUED USE OF THE PLATFORM AFTER THE EFFECTIVE DATE OF THE UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

5.7. Termination

The agreement between you and MEDam.com is effective when you create an account and remains in effect until it is terminated in accordance with these Terms.

Termination by you

You may terminate or cancel your account at any time by contacting customer support at support@medam.com or using your account settings. Account cancellation will be processed within five (5) business days. Upon termination, you will have 30 days from the termination date to download any personal data associated with your account, after which such data will be deleted in accordance with our Privacy Notice (except for such data as we are required to keep for legal compliance reasons, such as payment information). Termination or cancellation of your account does not relieve you of obligations for any pending Bookings or outstanding payments which remain subject to these Terms.

Termination or suspension by us

We may suspend or terminate your account immediately if: (a) you materially violate these Terms; (b) you engage in fraudulent or illegal activity; (c) your use of the Platform poses immediate and serious risks to the health, safety, or rights of others; or (d) we are required to do so by law, court order, or decision of a competent Armenian regulatory authority. We may terminate your account for inactivity after two (2) years, provided we give you sixty (60) days’ prior written notice to the email address associated with your account; if you log in during that notice period, your account will remain active. Except in cases of immediate safety risks, fraud, or legal requirement, we will provide you with notice of the specific grounds for termination and an opportunity to cure the violation within 15 days where such cure is possible.

MEDam.com shall not terminate active Customer accounts for convenience where a medical procedure is imminently scheduled (i.e. within the next fourteen (14) days), except where required by law or safety concerns. Otherwise, we may terminate your account for convenience with 30 days’ prior written notice via email to the address associated with your account. The notice will include the effective date of termination. During the notice period, you may continue to use the Platform and complete any pending Bookings. If we terminate your account for convenience, we will refund any prepaid fees for services not yet rendered that are held by MEDam.com.

Medical Facilities and Doctors may have their accounts suspended for consistently poor reviews or ratings, high cancellation rates, unresolved complaints, failure to maintain required licenses or accreditation, or quality or safety concerns.

Consequence of termination

Upon termination, your access to the Platform will cease, your profile and listings will be removed, and all provisions that should survive termination will remain in effect. For pending Bookings at the time of termination: (a) if you are a Customer, MEDam.com will not cancel your confirmed Bookings solely as a result of the termination, unless the termination is due to fraud, illegal activity, or safety concerns, in which case MEDam.com may cancel Bookings and process refunds in accordance with applicable law; (b) if you are a Medical Facility, MEDam.com will contact affected Customers and use commercially reasonable efforts to assist them in rebooking with an alternative Medical Facility where possible, and refunds will be processed in accordance with the applicable cancellation policy. You will have 30 days from the termination date to download any personal data associated with your account, after which such data may be deleted in accordance with our Privacy Notice (except for such data as we are required to keep for legal compliance reasons, such as payment information). If MEDam.com terminates your account for material breach of these Terms, fraud, or safety violations, you may not create a new account without our express written permission, and you may not access the Platform through someone else’s account. This restriction does not apply if your account was terminated for convenience by MEDam.com or if you voluntarily terminated your account in good standing. Violation of this restriction may result in immediate termination of any new account, legal action, and you may be held liable for any damages resulting from such unauthorized access.

Provisions that survive termination include:

Disclaimer of Warranties

THE PLATFORM AND ALL PLATFORM CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDam.com DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. MEDam.com MAKES NO WARRANTY AS TO THE QUALIFICATIONS, CREDENTIALS, COMPETENCE, QUALITY OF CARE, SAFETY, OR PERFORMANCE OF ANY MEDICAL FACILITY OR DOCTOR, OR AS TO THE OUTCOME OF ANY MEDICAL PROCEDURE. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY PROVISIONS OF ARMENIAN LAW OR UNDER THE MANDATORY CONSUMER-PROTECTION LAW OF YOUR COUNTRY OF HABITUAL RESIDENCE.

5.8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDam.com SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM THESE TERMS OR PLATFORM USE, EXCEPT IN CASES OF FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. THIS APPLIES TO CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIMS. NOTHING IN THIS SECTION LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUD, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER MANDATORY PROVISIONS OF ARMENIAN LAW. MEDam.com may be liable under applicable Armenian law for its own acts or omissions in providing the Platform services, subject at all times to the limitations and exclusions set forth in this Section.

Subject to the foregoing, the total aggregate liability of MEDam.com arising out of or related to these Terms shall not exceed the greater of (a) the total Platform Fees paid by you to MEDam.com under these Terms in the twelve (12) months preceding the event giving rise to liability, and (b) AMD 200,000; provided that such limitation shall not apply where prohibited by mandatory provisions of Armenian law. The limitations set forth in this Section 5.8 shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, except as otherwise required by the mandatory provisions of Armenian law, and shall survive termination of these Terms.

5.9. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MEDam.com, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING LEGAL FEES) ARISING FROM YOUR BREACH OF THESE TERMS, VIOLATION OF LAWS, USE OF THE PLATFORM, OR CONTENT YOU PROVIDE. IF ANY CLAIM IS MADE AGAINST MEDam.com FOR WHICH MEDam.com SEEKS INDEMNIFICATION FROM YOU, MEDam.com WILL PROMPTLY NOTIFY YOU OF SUCH CLAIM AND WILL COOPERATE WITH YOU REGARDING DEFENSE AND SETTLEMENT OF SUCH CLAIM (PROVIDED THAT YOU MAY NOT SETTLE ANY CLAIM THAT IMPOSES OBLIGATIONS ON OR ADVERSELY AFFECTS MEDam.com WITHOUT MEDam.com’s PRIOR WRITTEN CONSENT). MEDam.com MAY, AT ITS OPTION, ASSUME CONTROL OF THE DEFENSE OF ANY SUCH CLAIM AT ITS OWN COST, OR PARTICIPATE IN THE DEFENSE AT ITS OWN COST.

Notwithstanding the foregoing, if you are a Customer who is a natural person acting as a consumer, you have no obligation to defend MEDam.com, and your indemnification obligation under this Section is limited to claims, damages, and losses that arise from your fraud, willful misconduct, or material breach of these Terms, and shall not exceed the lesser of (a) the total price paid by you for the relevant Booking, and (b) to the extent required under applicable law, the amount permitted by mandatory consumer-protection law of the jurisdiction of your habitual residence or, if not required, the jurisdiction of the Republic of Armenia. This limitation does not apply to Medical Facilities, Doctors, or other Users acting in a business capacity.

5.10. Dispute Resolution

Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be subject to review and final settlement by the Arbitration and Mediation Center of Armenia in accordance with the Arbitration Rules of Arbitration and Mediation Center of Armenia. The number of arbitrators shall be one (1), unless the amount in dispute exceeds AMD 50,000,000 (or its equivalent), in which case the number of arbitrators shall be three (3). The language of arbitral proceedings shall be English. The seat of arbitration shall be Yerevan, Armenia. The dispute shall be resolved under the substantive laws of the RA. This arbitration clause is governed by the laws of the RA. Awards of the arbitral tribunal shall be final and binding upon both Parties, and subject to enforcement in the RA and other countries of the world.

Nothing in this Section shall be construed to deprive you of mandatory consumer-protection rights conferred by the laws of the Republic of Armenia. To the extent that mandatory consumer-protection laws of the country of your habitual residence provide additional rights that cannot be waived, such rights shall apply without affecting the validity of this arbitration agreement. In the event of a conflict between these Terms and the RA Law on Protection of Consumer Rights, that Law prevails.

5.11. Severability

If any provision of these Terms is held invalid, such invalidity shall not affect the validity of the remaining provisions of the Terms.

5.12. Assignment restrictions

No party shall assign, transfer, mortgage, charge, declare a trust of, or deal in any other manner with any of its rights and obligations under these Terms without the prior written consent of the other party, provided that MEDam.com may assign these Terms (i.e. transfer all of its rights and obligations under the Terms) without consent (a) in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of MEDam.com’s assets, or (b) to any affiliate of MEDam.com, in which case MEDam.com shall provide Users with reasonable prior notice of such assignment. Any purported assignment in breach of this clause shall be void and confer no rights on the purported assignee.

5.13. Force Majeure

Neither MEDam.com nor Users shall be liable or deemed to be in default on account of delaying any delivery or the performance of any act under these Terms due to circumstances which are beyond the reasonable control of that party (“Force Majeure”), including strikes (other than strikes which only affect the employees, agents and sub-contractors of the party relying on the Force Majeure and any of its affiliated persons), acts of God, natural disasters, pandemics, epidemics, government-ordered restrictions or quarantines, war, armed conflict, regional conflict, border closures, travel restrictions, government-imposed travel bans, fire, riot, sabotage or terrorism. The delaying party shall notify the other party immediately they become aware of a potential or actual Force Majeure circumstances, and shall inform of the likely duration of the delay caused or expected to be caused thereby, if known. Any delay in performance that is due to a Force Majeure circumstance shall be excused for the entire duration of such Force Majeure circumstances; provided, however, that if a Force Majeure event continues for more than ninety (90) consecutive days, the Customer or Medical Facility may terminate the affected Booking upon written notice, and MEDam.com may cease facilitating the affected Booking. Any prepaid fees for services not yet rendered shall be refunded on a pro-rata basis (less the non-refundable Platform Fee).

5.14. Notices

Notices to MEDam.com shall be made to the email address support@medam.com, unless another email address is indicated in these Terms for the purposes of such notification. Notices to Users will be provided via email communications to the email addresses associated with their User accounts on the Platform or, for technical matters, via in-Platform notifications. Email notices shall be deemed received twenty-four (24) hours after sending to the applicable email address, regardless of whether the recipient opens or reads the email. It is your responsibility to ensure that your registered email address is current and monitored.

5.15. Governing law

These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the RA, without prejudice to any mandatory consumer-protection rights available to you under the laws of your country of habitual residence.

5.16. Entire agreement

These Terms, together with the Privacy Notice and any document expressly incorporated by reference, constitute the entire agreement between you and MEDam.com in relation to the Platform and supersede all prior communications and understandings on that subject. Nothing in this provision limits liability for fraud or fraudulent misrepresentation.

5.17. No waiver

No failure or delay by MEDam.com in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of any right prevents its further exercise.

5.18. Electronic communications

You consent to receive communications from MEDam.com electronically, including by email, by text message (SMS) where you have turned it on, and through in-Platform notifications, and you agree that electronic communications, agreements and confirmations satisfy any legal requirement that such communications be in writing.

5.19. Language

These Terms are published in English. If MEDam.com publishes a translation and there is any inconsistency between versions, the English version prevails except where applicable law requires otherwise.

5.20. SMS notifications: MEDam.com booking, consultation and trip updates

When you turn on SMS under Notification preferences in your MEDam.com patient profile, or during booking, MEDam.com (operated by MED.AM LLC) sends you text messages about your account and bookings: video-consultation (Telemeet) confirmations and reminders, reservation and deposit confirmations, and travel and trip-status updates. We do not send marketing or promotional text messages under this program. Message frequency varies. Message and data rates may apply; contact your wireless provider with questions about your text or data plan.

You can cancel at any time by texting STOP to the number that messaged you.

We will send one message confirming that you have been unsubscribed, and you will receive no further messages.

To re-subscribe after texting STOP, text START to the same number. If you turned text messages off in your notification preferences, turn them back on there.

For help, reply HELP, email support@medam.com or call +1 213 444 9317.

Carriers are not liable for any delayed or undelivered messages. Our Privacy Policy at https://medam.com/privacy-policy explains how we handle your information.