Terms of Use

INTRODUCTION

Please carefully read the Terms of Use (“Terms”) which govern your access to and use of any service that Augmented Intelligence, Inc. (referred to herein as “Medical Augmented Intelligence,” “MAI,” “we,” “us,” or “our”) owns or operates, including any website, software, products, content, services, and/or applications (“Services”). A user, for the purposes of these Terms, means any individual that downloads or uses the software or Services (“User”). These Terms contain important requirements, restrictions, conditions, and other provisions that affect your rights; we encourage you to read them carefully.

ACCEPTANCE OF THESE TERMS

By accepting these Terms or using the Services, you understand that this is a legally binding instrument and agree to be bound by the terms and conditions herein. Please read these Terms in their entirety. If you do not agree to these Terms, please do not access or use the Services.

INFORMATIONAL PURPOSES ONLY

The Services should not be considered or used as a substitute for medical advice, and while the Services provide information, we cannot and do not diagnose or treat your health conditions. You can use the information provided in the Services to discuss your concerns with your healthcare provider. Information provided in the Services is provided for informational purposes only. If you rely on any of the information on the Services, you do so solely at your own risk.

RIGHTS GRANTED

(i) License granted by MAI to you

Subject to your compliance with these Terms, MAI grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and run a copy of the software on a mobile device or computer for non-commercial use and solely in connection with your permitted use of the Services. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the software or any other part of the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the software or any other part of the Services to any third party; (iii) reverse engineer, decompile or disassemble the software; (iv) perform, display, or in any way exploit, any of the content, software, materials or Services, in whole or in part; or (v) make the functionality and/or content available to multiple users through any means. MAI reserves all rights in and to the software and Services not expressly granted to you under these Terms.

(ii) License granted by you to MAI

You hereby grant to MAI a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, fully paid-up and royalty-free license and right to modify, copy, distribute, display and perform, publish, prepare derivative works of, use and incorporate into the Services (without attribution of any kind) any suggestions, enhancements requests, recommendations, proposals, corrections or other feedback or information provided by you in relation to the Services.

(iii) Commercial Use Restrictions

You may not create video recordings or screen captures within the Services for commercial use and/or export the same to third-parties for commercial gain; if you wish to do so, please contact MAI directly as you will need our written consent.

FREE TRIAL AND PAID SOFTWARE LICENSES

(i) Free trial period

Where applicable, the free trial period shall commence after a client registration form has been filled out completely and upon successful installation of the free-trial version of the software; and shall end at the earlier of: (a) the end of the free trial time period as specified by the parties, i.e., MAI and the User; or (b) the time at which the User purchases the software license.

(ii) License fees

Depending on the type of license purchased, your software license may automatically expire at the end of the license period, and you will not be billed for additional Services unless you choose to renew the software license.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are the property of MAI and are protected by copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

The Services are protected as a collective work and/or compilation, pursuant to US Copyright law, international conventions and other copyright laws. The images on the websites may be used royalty-free for non-commercial, private, educational use only, i.e., lectures and patient education material. Any commercial or public domain use of the images included in books, websites, videos, DVDs and any other use of the images in the public domain (e.g., advertising) will be subject to an additional license. Please contact MAI for additional information.

The Services, including but not limited to, content (e.g., 3D models and assets, educational material, informational material, quizzes, photographs, images, illustrations, audio-visual content, graphics, video), as well as applications, interactive tools, code, software, data, text, and other material displayed on or otherwise made available or accessible through Services provided by MAI are the property of MAI. You have no right, title or interest in any of the intellectual property in or associated with the Services, including, without limitation, patent, copyright, trademark, trade secret, know-how, ideas, technical information, user interfaces, processes, “look and feel,” improvements and modifications (collectively “IP Rights”). No rights or licenses are granted to you to use the data, trademarks, logos, service marks, and trade names under these Terms, except as expressly set forth herein. You acknowledge and agree that MAI retains all of the IP Rights, and that as a User of the Services, you do not acquire any ownership of any such MAI IP when you use or download content from the Services.

WARRANTY DISCLAIMER

The Services (including, without limitation, any content) are provided “as is” and “as available” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. You agree that you are making use of the Services at your own risk. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You assume sole responsibility and liability for results obtained from the use of the Services and for conclusions drawn from such use. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Augmented Intelligence, Inc. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses resulting from your access to or use of or inability to access or use the Services or any content obtained from the Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

USER AGE

You certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 13 and the legal age of majority, that you are using the Services with the supervision of your parent or legal guardian who agrees to be bound by these Terms. Make sure to review these Terms with your parent or guardian so that you both understand all of your rights and obligations.

CHANGES TO THESE TERMS

MAI reserves the right to change or modify these Terms on an ongoing basis at any time and in our sole discretion. If MAI makes any changes to these Terms, we will provide notice of such changes as appropriate, such as by notice through the Services and/or by sending an email notification to the email address you’ve provided. If we make an administrative change, we may provide notice by updating the “Last update to Terms” date at the bottom of these Terms.

Your continued use of the Services will confirm your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

CONTACT US

If you have questions or comments about these Terms, please contact us at: hello@mai.ai.

Last update to Terms:

December 25, 2019