These Terms and Conditions ("Terms") govern your access to and use of the TAPE-IT platform and associated services ("Platform"), provided by AIHCON, a New York-based company. Please read these Terms carefully before accessing or using the Platform.
By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use the Platform.
You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You further represent and warrant that you are a healthcare provider based in the United States and are authorized to access and use the Platform as per applicable laws and regulations.
Subject to your compliance with these Terms, AIHCON grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Platform for your internal business purposes. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, use of the Platform, or access to the Platform without the express written consent of AIHCON.
To access the Platform, you must create a user account ("Account"). You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to promptly notify AIHCON of any unauthorized use of your Account or any other breach of security.
You agree to use the Platform only for purposes that are lawful, and in accordance with these Terms and any applicable laws and regulations.
You agree not to:
AIHCON reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any part thereof, at any time, with or without notice. You agree that AIHCON shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
All intellectual property rights in the Platform, including but not limited to copyrights, trademarks, and trade secrets, are owned by AIHCON or its licensors. Your use of the Platform does not grant you any rights or licenses to any such intellectual property, except as expressly provided in these Terms.
To the maximum extent permitted by applicable law, in no event shall AIHCON or its affiliates, licensors, suppliers, or any of their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of the Platform, whether based on warranty, contract, tort, or any other legal theory. The limitations of liability set forth in this section shall apply even if AIHCON has been advised of the possibility of such damages or if the limited remedies provided herein fail in their essential purpose. You acknowledge and agree that the foregoing limitations of liability are essential elements of the basis of the bargain between you and AIHCON, and that, in the absence of such limitations, the terms of these Terms would be substantially different.
You agree to indemnify, defend, and hold harmless AIHCON, its affiliates, licensors, suppliers, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in connection with your access to or use of the Platform, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
AIHCON may terminate your access to the Platform, with or without cause, at any time and without notice. Upon termination, you must immediately cease all use of the Platform, and you agree that AIHCON shall not be liable to you or any third party for any termination of your access to the Platform. Any provisions of these Terms that by their nature should survive termination, shall survive termination, including but not limited to, intellectual property rights, limitation of liability, indemnification, and applicable law.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the State of New York, United States, to resolve any dispute arising out of or in connection with these Terms or your use of the Platform.
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
The Services may include sponsored advertising, and you hereby acknowledge and agree that by accessing, using, or downloading the Services, you consent to the presence of sponsored ads and services on the Services. The placement of advertising will be at AIHCON's sole discretion. The Services may also include communications with users and links to third-party websites or services, such as Google Analytics, AdSense, Stripe, Twilio, and other related services.
Any disputes arising out of or relating to these Terms and Conditions or the use of the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, and the decision of the arbitrator shall be final and binding on all parties.
These Terms and Conditions do not confer any rights or remedies on any third parties. While we may utilize third-party services such as Google Analytics, AdSense, Stripe, Twilio, and other related services, these Terms and Conditions do not create any rights or obligations for those third parties.
The failure of AIHCON to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and AIHCON with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral.
AIHCON reserves the right to revise these Terms at any time by posting an updated version on the Platform. You are responsible for regularly reviewing the Terms to stay informed of any changes. Your continued use of the Platform constitutes your acceptance of any such changes.