Terms of Use

Terms of Use for DynaMed, DynaMedex, Dynamic Health, DynaMed Decisions, My Health Decisions, Dyna AI

Last modified: March 2025

Acceptance of the General Terms of Use

These terms of use govern your use of the following websites, services and products (collectively, the “Websites”) operated by DynaMed, LLC ("DynaMed", "we" or "us"): DynaMedex; Dynamic Health; DynaMed Decisions; Dyna AI and My Health Decisions. By using or accessing any of the Websites, you agree to be bound and abide by the following Terms of Use (these "Terms of Use"). If you do not want to agree to these Terms of Use, you must not access or use the Websites.

The Websites are offered and available to users who are 18 years of age or older. If you do not meet all these requirements, you must not access or use the Websites.

DynaMedex Specific Terms of Use

DynaMedex does not include those sites which host other products, services, software, and mobile applications from DynaMed or Merative US L.P. (“Merative”), which are governed by their own terms of use. Additional terms that apply to a customer’s access, its authorized users’ access, and use of DynaMedex may be contained in the contract executed between the institutional customer and DynaMed or Merative, whichever party sells DynaMedex.

AI Specific Terms of Use

Your use of any of our products and services powered by artificial intelligence or similar technologies (“AI”) that we make available via the Websites, including Dyna AI (“AI Tools”), are subject to the AI Specific Annex set forth in Annex 2, or such other agreement entered into between you and DynaMed governing your use of the AI Products.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you.

General Reliance on Information Posted

The information presented on or through the Websites, including any content, information or functionalities provided or generated by AI and/or the AI Tools, are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, including, without limitation, any ICD-9/10 codes or other codes relating to medical billing and the satisfaction of government regulations requiring disclosure of information on prescription drug products. With respect to any content, information or functionalities generated by AI and/or the AI Tools, including article summaries or abstracts (“Output”), such Output is provided for informational purposes only and should not be solely relied upon for any medical diagnosis, clinical decisions or treatment, or as a substitute for your professional judgement. Your reliance on and use of such Output or any other information we provide on the Websites is at your sole discretion, and you are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of such information. Any reliance you place on the information presented through the Websites is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

This Websites may also include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DynaMed (and in the case of DynaMedex, and Merative) are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DynaMed. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The information presented on or through the Websites are intended for persons with adequate medical education and skills, specifically, (1) physicians and other competent healthcare professionals who will rely on their own discretion and judgment in medical diagnosis, clinical decisions and treatment, and (2) researchers who will not use the information for medical diagnosis. Except for Output that may be generated for you, the information presented on the Websites have been reviewed by licensed medical professionals with the purpose of providing you diagnostic tools and treatment options in conformance with the standards of professional practice at the time of publication. However, the Websites are not intended for and should not be used as a substitute for the advice of a physician or other health care professional and any patient management decisions should be made by competent health care professionals using their own judgment, experience and, when necessary, definitive sources of information, as well as their individual assessment of each patient and his or her unique circumstances. Furthermore, you are advised to review all product information sheets included in the package of each drug you plan to prescribe or administer as drug-related information on the Websites may be incomplete and/or outdated.

We disclaim all liability and responsibility arising from any Uploaded Content.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend these Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entirety of the Websites, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Websites and ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DynaMed, their licensors, or other providers of such material to the maximum extent permitted by applicable law, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use grant you a non-exclusive, non-transferable and non-sublicensable license during the term set forth in your fully executed order form, to use and access the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print, download or distribute copies of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution. All copies must include the following copyright notice:

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

If you wish to make any use of material on the Websites other than that set out in this section, please address your request to: dynamededitor@ebscohost.com for DynaMed, DynaMedex, DynaMed Decisions, and My Health Decisions; or address your request to dynamichealth@ebsco.com for Dynamic Health.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by DynaMed. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You have been granted a license to use and access the Websites for a specific limited period of time (i.e. the subscription period for which you have agreed to pay fees). At the end of this period, your license and your associated rights, such as technical support, will expire automatically, unless you have renewed your subscription. DynaMed may embed technology in the Websites causing it to become inaccessible after your subscription term.

Dynamic Health Specific User Content Uploads

Dynamic Health may allow you to upload content that may include information, images, text, audio, video or other content (“Uploaded Content”) available to users associated with your affiliated institution’s account only. All Uploaded Content must comply with the content standards set out in these Terms of Use.

You retain ownership of the Uploaded Content that you submit to Dynamic Health. By submitting the Uploaded Content, you grant Dynamic Health a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable right and license to play, distribute, and otherwise disclose the Uploaded Content to all users associated with your affiliated institution’s account.

You may not include Uploaded Content that infringes the copyright, trademark or any other intellectual property rights of a third party nor may you include any Uploaded Content that violates the law, this Agreement or any third party’s rights. By submitting Uploaded Content, you represent and warrant that you own or control all rights in and to the Uploaded Content, including the right to distribute and reproduce the Uploaded Content and the right to grant the license granted above to us. You are solely responsible for creating backup copies of any Uploaded Content. You are solely responsible for the Uploaded Content, and you may not submit any Uploaded Content that promotes illegal activities, promotes information that you know is false or misleading, includes offensive language or images, promotes an illegal or unauthorized copy of a third party’s copyrighted work, solicits personal information or passwords from other users for commercial or unlawful purposes, or any other prohibited purpose in Dynamic Health’s reasonable judgment. Dynamic Health may reject, refuse to post, or otherwise monitor any Uploaded Content that it, in its sole discretion, deems to be in violation of this Agreement, infringes the rights of a third party, or subjects Dynamic Health to any expense or liability. You acknowledge and agree that Dynamic Health shall have no liability for any action or inaction by Dynamic Health with respect to your Uploaded Content.

Trademarks

Merative, the Merative Logo, and Micromedex are trademarks of Merative. The DynaMed, DynaMedex, Dynamic Health, DynaMed Decisions, My Health Decisions, and EBSCO’s names and logos, and all other related names, logos, product and service names, designs and slogans are trademarks of DynaMed or its affiliates or licensors. You must not use such marks without the prior written permission of DynaMed. All other names, logos, product and service names, designs and slogans on these Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
     
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
     
  • To impersonate or attempt to impersonate by DynaMed employees, other users or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
     
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm DynaMed or users of the Websites or expose them to liability.

Additionally, you agree not to:

  • Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites.
     
  • Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
     
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
     
  • Use any device, software or routine that interferes with the proper working of the Websites.
     
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
     
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
     
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
     
  • Otherwise attempt to interfere with the proper working of the Websites.

Changes to the Websites

We may update the content on this Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material. You are advised to use the most up-to-date version of the Websites as updates may be made to reflect changes in medical standards and practices.

Links from the Websites

If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Websites, you do so entirely at your own risk and subject to the Terms of Use of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, THEIR CONTENT (INCLUDING OUTPUT) AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DYNAMED NOR ANY ASSOCIATED PERSON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER DYNAMED OR ANYONE ASSOCIATED REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DYNAMED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DYNAMED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEALTH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless DynaMed, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use; (ii) your use of any information, including Output, obtained from the Websites; or (iii) any of the Uploaded Content you submit, upload or post to the Websites.

Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the City of Ipswich and County of Essex although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The owner of the Websites is based in the Commonwealth of Massachusetts in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Restriction on Transfer

You may not sublicense, assign, sell, share, rent, lease or otherwise transfer your right to use the Websites (including your username and password) whether by merger, operation of law or otherwise.

Waiver and Severability

No waiver of by DynaMed of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of DynaMed to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Provisions for Individual Subscribers

Subscriptions to certain Websites may be available for purchase by individual subscribers. All purchases of subscriptions to the Websites made by individual subscribers are governed by this subsection of the Terms.

All prices, discounts, and promotions posted on the Websites are subject to change without notice. Posted prices include taxes.

To purchase a subscription, you will be required to provide DynaMed information regarding your credit card or other payment instrument. We accept VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER, DINERS CLUB, and JCB for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes if any.

All purchases of subscriptions are final.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and DynaMed, with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites; provided, however, that in the event of any inconsistency between the statements in the body of these Terms of Use and a Software-as-a-Service Agreement or License Agreement with DynaMed, the statements in the latter shall control.

ANNEX 1

British National Formulary Disclaimer

This product contains information from the current edition of British National Formulary (BNF) and British National Formulary for Children (BNFC). For more comprehensive prescribing and drug information, refer to the complete current edition of the British National Formulary and British National Formulary for Children or www.medicinescomplete.com.

The BNF and BNFC are jointly owned by the Royal Pharmaceutical Society of Great Britain and the BMJ Publishing Group Ltd and RCPCH Publications Limited (jointly referred to as “The Publisher”). The BNF and BNFC provide UK healthcare professionals with authoritative and practical information on the selection and clinical use of medicines in a clear, concise and accessible manner. The BNF and BNFC are designed for prescribers, pharmacists and other healthcare professionals, situated within the United Kingdom. The Publisher works to ensure that the information provided in the BNF and BNFC are accurate and up-to-date as at the date of publication, but changes do regularly occur and the Publisher does not warrant that it is accurate.

The BNF and BNFC are designed as a digest for rapid reference and it may not always include all information necessary for prescribing or dispensing. Also less detail is given on certain specialties since those involved are expected to have specialist knowledge and access to specialist literature. The BNF and BNFC should be interpreted in light of professional knowledge and supplemented as necessary with specialist publications and by reference to product literature. Information is also available from medicines information services.

To the fullest extent permitted by law the Publisher assumes no responsibility for any aspect of healthcare administered with the aid of this information or any other use of this information. The Publisher does not exclude any liability for death or personal injury resulting from negligence, fraud, or any liability which cannot be excluded by applicable law.

ANNEX 2

AI Specific Annex

You will use the AI Tools in compliance with these Terms of Use and any AI-related documentation provided to you by us, as updated from time to time. We may limit or suspend access to the AI Tools or Output in the event that you violate these Terms of Use or for non-compliance with such documentation.

You will not (i) use the AI Tools or the Output to develop, train, or improve other AI services or AI models, unless explicitly permitted by us in writing, (ii) use web scraping, web harvesting, or web data extraction methods to extract data from the AI Tools or Output or (iii) use the AI Tools or the Output other than as expressly permitted.

You will not input or process any health information protected by the Health Insurance Portability and Accountability Act (including any implementing regulations and as amended from time to time) (collectively, “HIPAA”) or similar regulations that control the use of medical data or personally identifiable data by the AI Tools.

Notwithstanding any recommendation contained within the Output, reliance on and use of the Output is at your sole discretion. You are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of the AI Tools and the Output. You will assess the Output before further using or relying on the Output for any purpose, including by employing human review of the accuracy of such Output.

You acknowledge that AI, including the AI Tools, consists of emerging technologies and, given the nature of such AI, their use may result in incorrect, biased, unfair, or inaccurate Output and/or Output that may be nonsensical, harmful or untruthful.

You acknowledge and agree that (i) Output may not qualify for intellectual property protection; (ii) similar or the same Output may be produced by the AI Tools to similar requests from different users, and (iii) your rights to Output may not be enforceable against third parties. For the purpose of these Terms of Use, your ownership in the Output is subject to ours and/or our licensor’s ownership rights in the Websites, documentation and data used to train and improve the AI Tools (“Pre-Existing Materials”).

We hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license, during the term set forth in your fully executed order form, to use the Pre-Existing Materials to the extent contained in the Output solely to the same extent as you are permitted to use the Websites.

Our indemnification obligations, to the extent provided in these Terms of Use or, if you have entered into an order form for our products or services with one of our authorized resellers, the definitive agreement entered into with such authorized reseller, shall apply to the AI Tools, but not to the Output.

You acknowledge that the legal framework applicable to and the interpretation of competent courts and authorities regarding the use of AI is evolving. If a change in law or the interpretation of a competent court or authority results in (i) us not being able to offer the AI Tools or (ii) you not being able to use the AI Tools in a legally compliant manner, we may reduce the scope of use (e.g., if the use of an AI Tool becomes prohibited, we may cease offering such AI Tool in a given country), suspend or remove the AI Tools altogether. Furthermore, we may suspend or discontinue your access to or use of any AI Tool if we can no longer provide an AI Tool licensed from a third party, because such third party discontinues availability of the AI or changes its service terms or documentation in contradiction to these Terms of Use or another way that prevents us from further offering such AI Tool.