Terms Of Condition
Last Revised August 9, 2024
Welcome to HealthExplorer. (“HealthExplorer”, the “company”,“we” or “us”). Your use of this web site (the “Site”),the services and content made available on the Site, and the API (the “Services”) are subject to these Terms of Use (the“Terms”). By utilizing any of our Services or accessing the Site, you consent to adhere to these Terms and all associated order forms and policies(collectively known as the“collectively known as the”). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING THE SERVICES OR ACCESSING THE SITE. We may periodically update these Terms without prior notice. Any changes will be indicated by updating the “last updated” date above. It is your responsibility to regularly review these Terms and stay informed of any modifications. The most recent version of these Terms will override all previous versions. By continuing to use the Services after these changes, you fully acknowledge and accept the revised Terms.
We reserve the sole right to either modify or discontinue the Services and the API, as defined below, or any of the Site’s features, at any time with or without notice to you.
The Company, either directly or via its affiliates, will deliver the Services, which you can access and use in line with these Terms. When you order the Services through an online registration page, purchase order, order form, or any other similar document (referred to as an “Order Form”), be aware that the Order Form might include additional terms, conditions, and details about the Services you are purchasing.
- SITE USERS As a visitor to or user of the Site who has not created an Account(“SITE USERS”), You may browse the public-facing areas of the Site and access all publicly available content, features, and functionality. However, to utilize the Services, you must create an Account.
- YOUR REPRESENTATIONS By accepting these Terms, you confirm that you are legally entitled and of legal age to accept them, that you have read and understood them, and that your use of the Services complies with the laws of your country. You agree to abide by all rules and laws regarding acceptable content and user conduct on the Internet, as well as laws and regulations concerning obscene and indecent content, communications, and technical data transmission. HealthExplorer is not liable if your use of the Services violates your country’s laws. You also confirm that any information you provide to HealthExplorer regarding your use of the Services is accurate and up to date.
- LICENSE TO USE THE SERVICES Subject to your compliance with these Terms, we grant you a limited, revocable, worldwide, non-exclusive, non-transferable license to use the Services and the Site solely for your own use and not for resale or redistribution. Your usage of the Site and Services must adhere to the following conditions outlined in detail in the Terms.
- REGISTRATION AND ACCOUNT To access and use the Services on the Site, you must complete an online registration process and create an account (“Account”). Your Account details must be accurate, and you are responsible for updating them if they change. All Accounts are governed by these Terms, and you are responsible for maintaining the confidentiality of your Account credentials.
- REPORT OF ABUSE Notify HealthExplorer immediately of any unauthorized use of your Account or security breaches related to it. HealthExplorer is not liable for any losses or damages resulting from unauthorized Account usage.
- USE OF THE SERVICES Your use of the Services is facilitated through the redemption of credits (“Credits”). You may purchase Credits as needed, and we offer options for automatic refills and various account types with associated features and prices, detailed on our Pricing page.
- GENERATIVE AI GRC Our Generative AI GRC service monitors and restricts the use of specific text-based generative AI tools according to your defined parameters. We collect and store end users’ conversations with such tools to enable viewing within your organization. However, we do not guarantee full enforcement of defined restrictions and may temporarily suspend services during adjustments.
- RESTRICTIONSYou must comply with all applicable laws when using our Services and refrain from unauthorized use or modification of Service Content. Prohibited actions and obligations are detailed in this section.
- BILLING AND PAYMENT TERMS Payment terms, including fees, billing, and taxes, are outlined in this section. Failure to comply with payment requirements may result in service termination.
- TERM AND TERMINATION The Agreement’s term begins upon your acceptance of these Terms and continues until termination as outlined herein. Termination may occur for various reasons, including breach of the Agreement or impracticality of service provision.
- CONFIDENTIALITY Both parties agree to maintain the confidentiality of information exchanged during the Agreement term. Exceptions to confidentiality obligations are detailed, and you are solely responsible for content submitted through our Services.
- INTELLECTUAL PROPERTY HealthExplorer retains all rights to the Services, related software, and technology, as well as any improvements or modifications. You grant HealthExplorer a non-exclusive right to submitted content for service provision and quality improvement.
- LIMITATION OF LIABILITY We limit our liability for damages arising from your use of the Site, Services, or Service Content, subject to applicable law. Our aggregate liability is capped at the fees paid by you during the preceding twelve-month period.
- DISCLAIMER OF WARRANTIES We disclaim warranties regarding the Site, Services, and Service Content, subject to applicable law.
- INDEMNIFICATION You agree to indemnify and hold HealthExplorer harmless from any liabilities, losses, or claims arising from your use of the Services or breach of the Agreement.
- ASSIGNMENT This Agreement is personal to you and may not be assigned. HealthExplorer may assign its rights and obligations without notice.
- PRIVACY POLICY Your access and use of the Site and Services signifies your agreement to the collection and use of information in accordance with our Privacy Policy.
- TRADEMARKS AND SERVICE MARKS There are a number of proprietary logos, service marks, trademarks, slogans, and product designations (“Marks”) found on the Site. By making the Marks available on the Site, HealthExplorer is not granting you a license to use them in any fashion. Access to the Site does not confer upon you any license to the Marks under any of HealthExplorer’s or any third party’s intellectual property rights. No HealthExplorer Marks may be used as a hyperlink or otherwise without HealthExplorer’s prior written permission.
- RELATIONSHIP OF THE PARTIES The Parties are independent contractors, and nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. Each party may not have any authority to assume or create any obligation for or on behalf of the other party, whether expressed or implied.
- THIRD PARTY BENEFICIARIES You acknowledge and agree that each member of the group of companies of which HealthExplorer is an affiliate, and each indemnified party therein (determined pursuant to internal group agreements), will be beneficiaries of this Agreement and that such other companies will be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be a beneficiary of this Agreement. You acknowledge and agree that affiliates may provide you the Services on behalf of HealthExplorer and these Terms will also govern your relationship with HealthExplorer’s affiliates.
- CONTACT US If you have any questions or comments about these Terms or the practices relating to the Site, please contact us and we will make an effort to reasonably respond to your inquiry.
- APPLICABLE LAW AND DISPUTE RESOLUTION Should one or more of the stipulations in the Terms be held to be invalid by a competent jurisdiction the remaining clauses shall remain valid and enforceable. The United Nations Convention for the International Sale of Goods shall not apply. Not withstanding the foregoing, HealthExplorer may seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property rights.