Terms of Service

Effective: April 11, 2026 · Version 1.0

1. Agreement

By creating an account or using EchoProb, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the service. These Terms constitute a binding agreement between you and EchoProb (Andrew Malashock, sole proprietor).

2. Clinical Decision Support Disclaimer

    EchoProb is a clinical decision support tool. It is not a medical device. It has not been reviewed, cleared, or approved by the FDA or any regulatory authority. EchoProb is intended to support, not replace, the professional judgment of qualified clinicians. All clinical decisions remain the sole responsibility of the treating clinician.
  

EchoProb is exempt from FDA device regulation under the 21st Century Cures Act (2016) Section 3060. It meets all four statutory criteria for CDS software exemption.

3. Eligibility

EchoProb is intended for use by healthcare professionals, sonography students, and clinical researchers. You must be at least 18 years old to create an account.

4. Your Account

You are responsible for maintaining the security of your account credentials.
You must provide accurate information when creating your account.
You must not share your account with other individuals. Each user requires a separate account.
You may delete your account at any time from the Profile page.

5. Prohibited Use

Do not enter protected health information (PHI) as defined by HIPAA. Use de-identified case labels only.
Do not use EchoProb as the sole basis for clinical decisions.
Do not reverse-engineer, decompile, or attempt to extract the scoring algorithm.
Do not use automated scripts or bots to access the service.
Do not resell, sublicense, or redistribute access to EchoProb.
Do not attempt to circumvent subscription or access controls.

6. Subscriptions and Billing

EchoProb offers a 14-day free trial. After the trial period, continued access to all modules requires a paid subscription. The Mitral Regurgitation module remains accessible on expired trials.

Billing: Subscriptions are billed through Stripe. You authorize recurring charges at the frequency you select (monthly or annual).
Price changes: We may adjust pricing with 30 days notice. Existing subscribers will be notified before any change takes effect on their next billing cycle.
Cancellation: You may cancel at any time via the Manage Billing link in your Profile. Cancellation takes effect at the end of your current billing period. You retain access until then.

7. Refund Policy

EchoProb offers a 14-day free trial so you can evaluate the service before paying. Because of this:

Annual subscriptions are eligible for a full refund within the first 30 days of your initial payment if you are unsatisfied. Contact amalashock@gmail.com.
Monthly subscriptions are not eligible for refunds. Cancel before your next billing date to avoid charges.
Founding Member lifetime subscriptions are non-refundable.

8. Intellectual Property

You may not copy, modify, distribute, or create derivative works based on EchoProb or its outputs without written permission.

9. Guideline Accuracy

EchoProb references published clinical guidelines from the ASE, EACVI, ACC/AHA, ESC, and TVARC, as well as FDA-cleared device IFUs. We make reasonable efforts to keep thresholds current, but guideline interpretation involves clinical judgment. If you identify a discrepancy between EchoProb and a published guideline, please contact us.

10. Limitation of Liability

To the maximum extent permitted by law:

EchoProb is provided "as is" without warranties of any kind, express or implied.
We do not warrant that the service will be uninterrupted, error-free, or that grading outputs are suitable for any particular clinical decision.
In no event shall EchoProb or its creator be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of the service.
Our total liability for any claim arising from these Terms shall not exceed the amount you paid for the service in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless EchoProb and its creator from any claims, damages, or expenses arising from your use of the service, including any clinical decisions you make using EchoProb outputs.

12. Availability

We aim for high availability but do not guarantee uptime. We may suspend or discontinue the service at any time with reasonable notice. Scheduled maintenance will be communicated when possible.

13. Privacy

Your use of EchoProb is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

14. Changes to These Terms

We may update these Terms as the service evolves. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Dallas County, Texas.

16. Contact

Questions about these Terms: amalashock@gmail.com