Website Terms of Use

Website Terms of Use

Website Terms of Use

Last Updated: October 16th 2024

Notix AI Inc. (“Notix AI,” or “we,” “our,” or “us”) welcomes you. We invite you to access and use our website located at www.notix.ai (the “Website”), subject to the following terms and conditions (the “Terms of Use”). By visiting the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Policy (the “Privacy Policy”), which are hereby incorporated into these Terms of Use and made a part hereof by reference (collectively, the “Agreement”). If you do not agree to any of the terms in the Agreement, you may not access or use the Website.

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, or to modify the Agreement, at any time without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website after modifications are posted, you indicate your agreement to be bound by the updated Agreement. If the updated Agreement is not acceptable to you, your only option is to stop using the Website.

In addition to the Website, Notix AI provides access to its proprietary software as a service (SaaS) platform (“Platform”), which is subject to separate terms and conditions (“Platform Terms of Use”). In case of any discrepancies between these Terms of Use and the Platform Terms of Use, the Platform Terms of Use will prevail regarding your use of the Platform.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS. PLEASE READ THEM CAREFULLY.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

  1. NO MEDICAL ADVICE

You understand and agree that Notix AI does not provide any form of medical care, opinion, diagnosis, or treatment through the Website or any other means. Notix AI merely offers a platform to assist in transcribing patient visits. The information provided through the Website and its content (as defined below) is intended solely for informational purposes and should not be treated as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health professional with any questions you may have regarding a medical condition. Do not ignore professional medical advice or delay seeking it based on information obtained from the Website. By using the Website, you agree that you are not entering into a doctor-patient or provider-patient relationship with Notix AI. If you believe you may be experiencing a medical emergency, please contact emergency services or your healthcare provider immediately. Your reliance on any information from the Website is entirely at your own risk.

  1. USE OF PERSONAL INFORMATION

Your use of the Website may involve the transmission of certain personal information to us. Our practices concerning the collection and use of personal information are governed by our Privacy Policy, which is incorporated into these Terms of Use by reference in its entirety.

  1. INTELLECTUAL PROPERTY

The Website contains various materials, including software, text, graphics, images, sound recordings, audiovisual works, tutorials, and other content provided by or on behalf of Notix AI (collectively, the “Content”). The Content is owned by Notix AI or its licensors and is protected under applicable intellectual property laws in the United States and other jurisdictions. Unauthorized use of the Content may violate copyrights, trademarks, and other intellectual property rights. You do not have any ownership rights in or to the Content, and you may not use it except as explicitly permitted under this Agreement and as enabled by the Website's functionality. Any other use of the Content requires prior written consent from us. You are required to retain all copyright and other proprietary notices contained in the original Content. You are prohibited from selling, transferring, assigning, licensing, sublicensing, modifying, reproducing, displaying, publicly performing, creating derivative works of, distributing, or otherwise using the Content for any public or commercial purpose without prior authorization. Posting or redistributing Content outside of the Website is strictly prohibited.

If you breach any part of this Agreement, your right to access the Website will be immediately revoked, and you must destroy any copies of the Website materials in your possession.

The trademarks, service marks, and logos used and displayed on the Website, including “Notix AI” (“Notix AI Trademarks”), are the registered or unregistered trademarks of Notix AI. Other company, product, and service names appearing on the Website may be trademarks owned by third parties (“Third-Party Trademarks”). Nothing on the Website grants any license or right to use any Trademark without the prior written consent of the trademark owner. Unauthorized use of the Trademarks, including using them as a link to or from any site, is strictly prohibited. Any goodwill arising from the use of Notix AI Trademarks will inure to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated, in whole or in part, without our express written consent. None of the Content may be retransmitted without our express, written consent for each and every instance.

  1. GUIDELINES FOR USE

By using the Website, you agree to comply with the following guidelines:

  • You will not use the Website for any illegal or unauthorized purpose;

  • You will not use the Website to gather information for competing businesses;

  • You will not impersonate any person or entity or misrepresent your affiliation with any individual or entity;

  • You will not decompile, reverse engineer, or disassemble any part of the Website or its software;

  • You will not interfere with any advertisements or security features on the Website;

  • You will not circumvent, disable, or otherwise interfere with any Website security-related features;

  • You will not use automated systems, including spiders, robots, or data mining tools, to scrape or access the Website for any purpose without our prior written consent, except for public search engines and non-commercial archives in compliance with our robots.txt file;

  • You will not take actions that impose an unreasonable load on our infrastructure;

  • You will not use any means to interrupt or interfere with the Website's proper functioning, including viruses or other malicious code.

We reserve the right to deny you access to the Website, or any portion of it, at our sole discretion and without notice.

  1. FEEDBACK

We appreciate and encourage feedback, suggestions, and comments regarding our Website and services (“Feedback”). However, we ask that you do not send us any confidential information. By providing Feedback, you agree that Notix AI may use, disclose, and exploit it without restriction or compensation to you, including for product and service development and marketing purposes.

  1. NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. NOTIX AI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AS WELL AS ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES YOU MAY INCUR AS A RESULT OF YOUR USE OF THE WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. EXTERNAL SITES

The Website may include links to third-party websites (“External Sites”). These links are provided for convenience only and do not imply endorsement of the External Sites or their content by Notix AI. External Sites are operated by independent entities, and we are not responsible for the content, policies, or practices of such External Sites. You are solely responsible for taking necessary precautions to protect yourself and your devices when accessing or downloading content from any website, including External Sites.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Notix AI, its officers, directors, employees, agents, and representatives (collectively, “Notix AI Indemnitees”) from any claims, damages, liabilities, losses, and expenses (including reasonable attorney's fees) arising from (i) your breach of this Agreement, (ii) your misuse of the Website or its Content, or (iii) your violation of any third-party rights, including intellectual property, privacy, or publicity rights. Notix AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

  1. COMPLIANCE WITH APPLICABLE LAWS

The Website is operated from the United States, and we make no representations regarding its appropriateness or availability for use outside of the United States. If you choose to access the Website from outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws of your jurisdiction.

  1. TERMINATION

We may, in our sole discretion, suspend, restrict, or terminate your access to all or part of the Website at any time and for any reason, with or without notice. We also reserve the right to modify or discontinue all or part of the Website without notice or liability.

  1. BINDING ARBITRATION

If a dispute arises under or relates to this Agreement, the Website, or our services (each, a “Dispute”), the Dispute shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (“FAA”). BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE THE DISPUTE IN COURT OR HAVE A JURY TRIAL, EXCEPT THAT EITHER PARTY MAY SEEK RELIEF IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES. Arbitration is different from court, and certain rights, such as discovery and appeal, may be limited in arbitration. The arbitration will be administered by JAMS pursuant to its applicable rules, which can be found at www.jamsadr.com. Each party is responsible for their respective JAMS fees. Arbitration may occur in person, by phone, or online and shall take place in the United States county where you reside. Either party may seek temporary relief from a court to protect its rights or property while awaiting arbitration.

  1. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be conducted solely on an individual basis, and not as a class action or representative proceeding. You agree not to participate in any class or representative action against us.

  1. EQUITABLE RELIEF

In the event of a breach of this Agreement that threatens our intellectual property rights or other proprietary information, we may seek injunctive or other equitable relief from a court of competent jurisdiction to protect our interests. You hereby consent to the exclusive jurisdiction of the state and federal courts in Florida for any such action.

  1. CONTROLLING LAW; EXCLUSIVE FORUM

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising from or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Florida, and each party consents to the personal jurisdiction of such courts.

  1. MISCELLANEOUS

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Notix AI regarding the use of the Website. You may not assign this Agreement without our prior written consent. Our failure to enforce any part of this Agreement shall not be deemed a waiver of any rights. This Agreement shall inure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2024 Notix AI Inc. All rights reserved.