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Terms of Use

The following terms of use (the “Terms of Use”) govern your access to and use of: (a) our website located at www.radiantai.health and any subdomains (collectively referred to as the “RadiantAI Health Website”); (b) any mobile device software provided by us to you (the “RadiantAI Health Application”); (c) RadiantAI Health’s proprietary application programming interface, and any related documentation (the “RadiantAI Health API”); (d) any text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the foregoing (a) to (c); and (e) all other Content, products or services provided by us to you, as more particularly described on the RadiantAI Health Website and the RadiantAI HealthApplication. The RadiantAI Health Website, RadiantAI Health Application, RadiantAI Health API and Content are collectively referred to as the “RadiantAI Health Solution”. These Terms of Use form an agreement between RadiantAI Health Inc. (“RadiantAI Health”, “us”, “we”, “our”) and you. The term “you” or “identification” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the RadiantAI Health Solution (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE RADIANTAI HEALTH SOLUTION IN ANY WAY, INCLUDING PURCHASING ANY SERVICES WE SELL ON THE RADIANTAI HEALTH SOLUTION (THE “SERVICES”), YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE RADIANTAI HEALTH SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU ARE USING THE RADIANTAI HEALTH SOLUTION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE. YOU MAY NOT BE ACCESS THE RADIANTAI HEALTH SOLUTION FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES. RADIANTAI HEALTH’S DIRECT COMPETITORS ARE PROHIBITED FROM ACCESSING THE RadiantAI Health SOLUTION, EXCEPT WITH RADIANTAI HEALTH’S PRIOR WRITTEN CONSENT.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Services, products, applications or otherwise, including any Subscription Agreement you enter with us.

A. Radiant AI Health Solution Overview

Radiant AI Health Solution offers users comprehensive access to medical information, encompassing research, articles, studies, and various other resources. This service is designed for informational objectives only and should not act as a substitute for professional medical guidance, diagnosis, or treatment.

B. No Medical Advice

The details presented through Radiant AI Health Solution should not be seen as medical advice, diagnosis, or treatment. It's vital to consult with a qualified healthcare provider about any medical concerns or before making any health-related decisions. In situations where a medical emergency is suspected, contact your healthcare provider or dial 911 immediately. Radiant AI Health Solution is intended as an informational reference and does not endorse, confirm, or advocate particular medical tests, professionals, procedures, viewpoints, or any related content. We advise users to approach the information judiciously and make decisions based on well-informed judgment. Be aware that some content could be explicit or graphic; if such content is not suitable for you, please avoid using our platform.

1. Changes to these Terms of Use and the RadiantAI Health Solution

We reserve the right to update or modify our Terms of Service and Privacy Policy at any time, and any changes will be effective immediately upon posting on our website. Your continued use of our services following the posting of any changes constitutes your acceptance of those changes. We encourage you to review our Terms of Service and Privacy Policy periodically to stay informed about our practices.

2. Customer Data and Privacy

To protect your patient’s privacy, avoid entering any personal health information while using our RadiantAI Health Solution. Any information you provide is used by RadiantAI Health Solutiont to answer your clinical questions and provide general medical information. We store this information in a secure database and use it to improve the accuracy and efficiency of our AI medical assistant. We will never share your personal information with any third parties without your consent.

We may use the anonymized data entered by users to improve the accuracy and efficiency of our AI medical assistant. This data will be stripped of any personally identifiable information and analyzed in aggregate to identify trends, patterns, and areas for improvement. By using our services, you agree to allow us to use your anonymized data for these purposes. We may also share this anonymized data with our partners and affiliates to support research and development initiatives in the field of AI and healthcare.

RADIANTAI HEALTH DOES NOT REPRESENT, WARRANT, OR COVENANT THAT IT HAS REVIEWED ANY THIRD PARTY TERMS AND CONDITIONS AND IS NOT RESPONSIBLE FOR ANY DATA SHARED WITH THIRD PARTIES. RADIANTAI HEALTH DOES NOT ENDORSE ANY THIRD PARTY SERVICE AND YOU ACKNOWLEDGE THAT IF YOU CHOOSE TO SUBMIT ANY DATA TO THE RADIANTAI HEALTH SOLUTION, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY THIRD PARTY TERMS AND CONDITIONS MAY NOT HAVE THE SAME OR SIMILAR COMMITMENTS OR PROTECTIONS AS THOSE CONTAINED IN THESE TERMS OF USE AND DATA SHARED BY RADIANTAI HEALTH WITH THIRD PARTIES WILL BE ACCESSED, USED, AND OTHERWISE HANDLED BY SUCH THIRD PARTIES IN ACCORDANCE WITH THEIR TERMS AND CONDITIONS, WHICH MAY PERMIT SUCH THIRD PARTY TO USE DATA FOR ITS OWN PURPOSES.

3. No Unlawful or Prohibited Use

You will not use the RadiantAI Health Solution in violation of these Terms of Use, any applicable Subscription Agreement, the Responsible Use Guidelines or any other responsible use guidelines we provide to you or are posted on the RadiantAI Health Website, or of any applicable law, or in the case of third party materials, websites or content accessed through or provided with the RadiantAI Health Solution or the Services, the applicable third-party license agreement. You will not, without our prior written permission, use the RadiantAI Health Solution for any purpose other than to access and use the software and Services we make available through the RadiantAI Health Solution. You acknowledge and agree that the RadiantAI Health Solution has been designed for business use and you represent and warrant to and covenant with RadiantAI Health that you will not use the RadiantAI Health Solution for personal, family or household purposes. Without limiting the generality of the foregoing, you further represent and warrant to and covenant with RadiantAI Health that you will not (and will not attempt to) directly or indirectly:

  1. attempt to gain unauthorized access to the RadiantAI Health Solution, or bypass any measures we may use to prevent or restrict access to the RadiantAI HealthSolution, attempt to circumvent the intended features, functionality or limitations of the RadiantAI Health Solution, or otherwise use, copy, distribute, or make available the RadiantAI Health Solution to permit timesharing, service bureau use or commercially exploit the RadiantAI Health Solution;
  2. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the RadiantAI Health Solution any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; or (ix) contains information about an identifiable individual, other than as required by RadiantAI Health: (A) to provide support services as further set out in the applicable Subscription Agreement; or (B) as part of its onboarding process as further set out in Section 2 (User Account);
  3. use the RadiantAI Health Solution in a manner which, in the opinion of RadiantAI Health would tend to bring RadiantAI Health or any of its trademarks into public disrepute, contempt, scandal or ridicule, would adversely affect the reputation or goodwill of RadiantAI Health or any of its the trademarks, or adversely affect the relationship between RadiantAI Health and any of its licensors or other customers;
  4. use the RadiantAI Health Solution to store or transmit material that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, obscene, or otherwise objectionable or unlawful;
  5. use the RadiantAI Health Solution for any activities where the use or failure of the RadiantAI Health Solution would reasonably be expected to result in death, serious personal injury, or severe environmental or property damage (such as the creation or operation of weaponry);
  6. use the RadiantAI Health Solution for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State;
  7. copy or store any significant portion of the Content;
  8. mirror or frame the RadiantAI Health Solution or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or
  9. authorize, permit, enable, induce or encourage any third party to do any of the above.
4. License to the RadiantAI Health Solution

Subject to these Terms of Use, we grant you anon-exclusive, non-transferable, non-sublicensable and revocable licence to use the RadiantAI Health Solution in accordance with these Terms of Use.

5. Pricing and Services

Subscription and Services options displayed on the RadiantAI Health Solution may be discontinued or unavailable for any other reason, and prices are subject to change. Except where otherwise indicated, all prices do not include any applicable sales taxes, which will be added to your total purchase price. You are responsible for the payment of any provincial and local sales or use taxes that may apply to your Subscription Order. We will provide you no less than seven (7) days’ notice prior to implementing a change to our prices.

6. Third Party Content, Websites or Services

The RadiantAI Health Solution may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the RadiantAI Health Solution from third party systems. RadiantAI Health does not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under RadiantAI Health’s control, and if you choose to access any such content, websites, or services, or to access the RadiantAI Health Solution from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

Your interactions with organizations and/or individuals found on or through the RadiantAI Health Solution, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law RadiantAI Health is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES OR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICE PROVIDERS AND ITS AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RADIANTAI HEALTH PARTIES”), BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES (COLLECTIVELY, “LOSSES”), IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE RADIANTAI HEALTH SOLUTION OR THE INABILITY TO MAKE USE OF THE RADIANTAI HEALTH SOLUTION, OR THESE TERMS OF USE, INCLUDING, FOR CLARITY, ANY LOSSES RESULTING FROM THE ACCESS, COLLECTION, USE, PROCESSING, STORING, DISCLOSING OR TRANSMITTING OF API DATA OR FINETUNING DATA BY THIRD PARTIES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RADIANTAI HEALTH SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE RADIANTAI HEALTH SOLUTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES OR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICE PROVIDERS AND ITS AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RADIANTAI HEALTH PARTIES”), BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES (COLLECTIVELY, “LOSSES”), IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE RADIANTAI HEALTH SOLUTION OR THE INABILITY TO MAKE USE OF THE RADIANTAI HEALTH SOLUTION, OR THESE TERMS OF USE, INCLUDING, FOR CLARITY, ANY LOSSES RESULTING FROM THE ACCESS, COLLECTION, USE, PROCESSING, STORING, DISCLOSING OR TRANSMITTING OF API DATA OR FINETUNING DATA BY THIRD PARTIES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RADIANTAI HEALTH SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE RADIANTAI HEALTH SOLUTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE RADIANTAI HEALTH SOLUTION, EXCEED$100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

Without limiting the foregoing, under no circumstances will any of the RadiantAI Health Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

8. Indemnification

You will defend, indemnify and hold harmless the RadiantAI Health Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: a. your use (or the use by any third party using your identification) of the RadiantAI Health Solution or the Services (except to the extent prohibited by law); b. your breach of any provision of these Terms of Use or any documents referenced herein; c. your violation of any law or the rights of a third party (including intellectual property rights); d. your Customer Data; e. or any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the RadiantAI HealthSolution. RadiantAI Health reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the RadiantAI Health Solution.

9. General Provisions
  1. Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without giving effect to any principles of conflicts of law), and such laws apply to your access to or use of the RadiantAI Health notwithstanding your physical location. You will only use the RadiantAI Health in jurisdictions where the RadiantAI Health may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of the RadiantAI Health Solution. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
  2. Entire Agreement. These Terms of Use, any applicable Subscription Agreement, and any applicable confidential disclosure agreement entered into by the parties that references these Terms of Use, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the RadiantAI Health Solution and the Services. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use (and/or any applicable Subscription Agreement) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  3. Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
  4. Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
  5. Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
  6. Dispute Resolution. If you believe that RadiantAI Health has not adhered to these Terms of Use, please contact RadiantAI Health using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
  7. English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
10. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at team@radiantai.health.