Terms and conditions – D.A.V.I.D. X-RAY

Terms and conditions of D.A.V.I.D.

These terms and conditions are entered into by and between you and DavidAI Llc (“D.A.V.I.D.,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Website Terms of Use” or “app terms of use”), govern your access to and use of those websites, sub-domains, pages, features, content, and services owned or operated by D.A.V.I.D. or its affiliates (collectively referred to herein as the “Services”), whether as a guest or a registered user.

By using the Website, you represent and affirm that you are of legal age to form a binding contract with D.A.V.I.D., meet all indicated eligibility requirements, and accept and agree to be bound and abide by these terms and conditions.

D.A.V.I.D. Digital Artificial Visual Investigation Device is intended for the investigation of images, radiographs, CT scans and video to aid veterinarians with the use of artificial intelligence.

It is not a diagnostic tool as this resides solely on the veterinarian. It is an investigation tool designed to expediate services and aid in communication.

Access and Account Security

If you choose, or are provided with account information (e.g., a user name, password or any other piece of information) whether during the creation of an account for access to the Services, as part of our security procedures, or otherwise, you must treat such account information as confidential, and you must not share account information or disclose it to any other person or entity (other than an authorized account administrator). Your account administrator may use your account information to manage your use and access to the Services. You are responsible for all activity associated with your account even if that activity is not performed by you or is performed without your knowledge or consent. You also acknowledge that your account is personal to you and agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security.

You may use the Services only for lawful purposes and in accordance with these terms and conditions and the D.A.V.I.D. Acceptable Use Policy available at the end of these terms and conditions.

Privacy

It is a condition of your use of the Services that all account information you provide is correct, current, and complete. You agree that all information you provide in connection with the Services or to use any of its features is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

Services Updates and Availability

We reserve the right to withdraw or amend the Services, and any features, functions, elements, or materials we provide on or via the Services, in our sole discretion without notice.

We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. You are responsible for keeping your account active including signing in periodically.

If you don’t sign into an account periodically for which no fee is charged by D.A.V.I.D., we reserve the right to assume your account is inactive, and you agree that we may close it for you. You understand that you will lose access to any content stored in your account upon closure.

D.A.V.I.D. is based in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, we do not guarantee its functionality, and you are responsible for compliance with local laws.

D.A.V.I.D. and Third-Party Intellectual Property

The Services and its 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 D.A.V.I.D., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The D.A.V.I.D. name, the terms on the site, the D.A.V.I.D. logo and all related names, logos, product and service names, designs, and slogans are trademarks of D.A.V.I.D or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Except as stated in these Website Terms of Use or your Governing Agreement, if applicable, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All rights not expressly granted are reserved by D.A.V.I.D. Any use of the Services not expressly permitted by these Terms and conditions is a breach of your agreement with D.A.V.I.D. and may violate copyright, trademark, and other laws.

You must not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof.

The Services may display, include, or make available content provided by third parties or provide links to third-party websites or services (“Third-Party Materials”). Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements and/or opinions expressed in any Third-Party Materials are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of D.A.V.I.D.. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third-Party Materials.

DMCA

D.A.V.I.D. respects the intellectual property rights of others, and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).

License to your content and feedback

You agree to grant and do hereby grant to D.A.V.I.D., solely for the purposes of operating or improving the Services, a non-exclusive, worldwide, royalty-free, sublicensable, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate any content created within, or submitted to, the Services by you or on your behalf. As between you and D.A.V.I.D., you retain all rights and ownership of such submitted content. You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Services (“Feedback”). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Services or any D.A.V.I.D. product or services without any payment or attribution or other obligation to you.

Warranty Disclaimer

THE SERVICES ARE PROVIDED TO YOU SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, D.A.V.I.D. ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, D.A.V.I.D. PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ANY RELIANCE YOU PLACE ON ANY PROVIDED NFORMATION IS STRICTLY AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL D.A.V.I.D., 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 SERVICES OR ANY THIRD-PARTY MATERIALS LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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, MOBILE DEVICE, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY THIRD-PARTY MATERIALS LINKED TO IT.

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

Your Warranty and Indemnification Obligations

You represent and warrant that you have all necessary rights, licenses and permissions to use the Services and to create or submit any content you provide and further to grant the licenses in these Terms and Conditions. By using the Services, you agree to defend, indemnify, and hold harmless D.A.V.I.D., our officers, directors, stockholders, employees, agents, contractors, partners, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your illegal conduct, or your violation of the rights of any third party, including rights available under our agreements with any other third party. Those claims, liabilities, damages, losses or expenses may include, but are not limited to, reasonable attorneys’ fees, court costs, and costs that arise out of or are in any way connected with your access to or use of the Services, your violation of or failure to perform any obligation under these Terms, or your violation of any rights of any third party.

Export Compliance

Export laws and regulations of the United States and any other applicable jurisdictions apply to the Services. You agree that such applicable export control laws govern your use of the Services and agree to comply with all such applicable export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information or material from the Services will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws, including nuclear, chemical, or biological weapons proliferation, or development of missile technology.

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 Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Severability

If any provision of these Terms and conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and conditions will continue in full force and effect.

Survival

Following any expiration or termination of these Website Terms of Use, your indemnification obligations and our warranty disclaimers and limitations of liabilities, as well as the dispute resolution provisions provided for in these Terms and conditons shall survive.

Governing Law

These Terms and conditions shall be governed by the laws of the State of Delaware, which governing law shall control without giving effect to conflict of law principles and excluding the U.N. Convention on Contracts for the International Sale of Goods, even where adopted as a part of the domestic law of the country whose law governs these Website Terms of Use. Any suit or proceeding relating to this MSA shall be brought exclusively before the state or federal courts located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

These Terms and Conditions constitutes the entire agreement between you and D.A.V.I.D. with respect to the Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

Waiver

No waiver by D.A.V.I.D. of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of D.A.V.I.D. to assert a right or provision under these Terms and conditions shall not constitute a waiver of such right or provision.

Acceptable Use Policy

You acknowledge and agree to use any websites owned or operated by D.A.V.I.D. or its affiliates and any related websites, sub-domains and pages, as well as any cloud services operated by D.A.V.I.D. (collectively the “Services”) in accordance with the following:

You may only use the Services for intended purposes and may only access the Services using the interfaces provided or expressly authorized by D.A.V.I.D.. Any content you provide to the Services should typically relate to the purposes and subject matter of the Services.
You may not, unless D.A.V.I.D. expressly grants you permission to do so in writing, make access to the Services available to, or use such for the benefit of, anyone other than yourself, including selling, reselling, licensing, sublicensing, distributing, renting, leasing, or including such Services in a service bureau or outsourcing offering.
You may not use the Services for solicitation or advertising purposes, unless D.A.V.I.D. otherwise expressly agrees with you in writing in each such case and you may not use the Services in violation of email marketing (e.g., CAN-SPAM Act of 2003) or other similar marketing laws or regulations.
You may not disclose anyone’s (including your own) Sensitive information, personal information or confidential information obtained from or via the Services, including but not limited to clinical information, credit information, payment information, personal financial account information, Social Security or Social Insurance information, passport information, driver’s license numbers or other similar identification information, personal or confidential employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security or solicit anyone to provide or disclose such information. This also includes harvesting, collecting or in any other way tracking information about other individuals without their consent. 
You may not use or access the Services in violation of applicable law or your own company/entity policies.  
Your conduct and content may not threaten, abuse, harass, stalk, defame, libel, deceive, falsify, mislead or defraud, invade the privacy of or violate the rights (including intellectual property rights) of D.A.V.I.D. or any third-parties or other users of the Services. 
You may not include or otherwise share or disclose content via the Services that is vulgar, obscene, indecent or unlawful. This includes any content that is infringing, libelous or tortious. 
You may not restrict or otherwise limit D.A.V.I.D.’s or any other third party’s ability to access, use or maintain the Services. This includes any activity that damages, disables, impairs or otherwise burdens the Services. 
You may not use, access or share content via the Services to store or transmit malicious or disruptive code, including the upload of viruses, corrupted files, ransomware, Trojans, etc. 
You may not use or access the Services for competitive purposes or for purposes other than as licensed or subscribed to by you, including but not limited to: copying the Services or any part, feature, function or user interface thereof; framing or mirroring any part of the Services; access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive or similar product or service to any currently or potentially made available by D.A.V.I.D. modify, port, adapt, or translate any portion of the Services; reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service; and/or use, or allow third parties to use, the Services (or any content, data, output, or other information received or derived from the Services) to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems contained within the Services. If the laws of your jurisdiction give you the right to decompile the Services to obtain information necessary to render the licensed portions of the Services interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services to ensure that our and our licensors’ and suppliers’ proprietary rights in the Services are protected.
Your access to the service maybe restricted if your actions are causing instability to the service. For example, performing A.I. many times per minute may trigger the service to throttle your access to protect it.

Refund Policy

You can cancel your subscription at anytime. Your subscription will end, and access will be blocked when your current paid subscription period ends. For example, if you purchase a monthly subscription on the 12th of June then cancel on the 4th of July, your subscription will end on the 11th of July.