Terms of use
These terms apply when you use Medi8 on our website www.medi8.ai (“Services”).Registration and Access
You must be at least 18 years old to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others and you are responsible for all activities that occur using your credentials.Use Requirements
(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You must comply with these Terms and all applicable laws when using the Services. We own all rights, title, and interest in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements.
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with Medi8; (iv) use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was human-generated when it is not or otherwise violate our Use Policies; (vi) send us any personal information of children under 18 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in the countries currently supported by Medi8.
(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their terms, and we are not responsible for third party products.Content
(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” The purpose of the Content is for use in the Services and you may not use the Content for any other purpose.
(b) Use of Content to Improve Services. We use all Content to develop or improve our Services.
(c) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect, useless or inappropriate Output. You should evaluate the accuracy of any Output as appropriate for your use case.Fees and Payments
(a) Fees and Billing. You must pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize Medi8 and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Payments are non-refundable except as provided in this Agreement.
(b) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted.
(c) Disputes and Late Payments. If you want to dispute any Fees, please contact ilya.furman@Medi8.ai within thirty (30) days of the date of the disputed invoice. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
(d) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.Confidentiality, Security and Data Protection
(a) Confidentiality. You may be given access to Confidential Information of Medi8, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means non-public information that Medi8 or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other non-public business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Medi8 and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
(b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Medi8 and provide details of the vulnerability or breach.
(c) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court [location] and you consent to exclusive jurisdiction and venue of such courts.Term and Termination
(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you 30 days’ notice. We may terminate these Terms immediately upon notice to you if you materially breach the Terms, if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity. You indemnify, and hold us harmless from and against any claims, losses, and expenses (including legal fees) arising from or relating to your use of the Services, including your Content, and your breach of these Terms or violation of applicable law.
(b) Disclaimer. To the maximum extent permitted by law, we make no warranties with respect to the Services, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Services will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered.
(c) Limitations of liability. We will not be liable for any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms shall not exceed the greater of the amount you paid for the Service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law.Dispute resolution
We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against Medi8, you agree to try to resolve the dispute informally by sending us notice at ilya.furman@Medi8.ai of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding.General Terms
(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Medi8 or any of Medi8’s affiliates. Medi8 and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(b) Use of Brands. You may not use Medi8’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
(c) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to ilya.furman@medi8.ai We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(d) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
(e) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
(f) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. Medi8 accepts service of process at ilya.furman@medi8.ai
(g) Waiver and Severability. If you do not comply with these Terms, and Medi8 does not take action right away, this does not mean Medi8 is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(h) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and Medi8 regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Medi8 on that subject.
(i) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the Australia.