PathAI® Terms of Use

Effective Date: May 3, 2018

Welcome to the website of PathAI, Inc. (“PathAI”, “we,” “us” or “our”). The following terms of use (“Terms of Use” or “Agreement”), govern your access to and use of the pathai.com website, including the other websites or applications we own and operate, and any content, functionality and services offered on or through these sites and applications (collectively, the “Platform”).

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.

Section 11 contains a class action waiver. It affects your rights about how to resolve any dispute with PathAI. Please read it.

Acceptance

Please read these Terms of Use carefully before you access or use the Platform. By accessing or using the Platform, you accept and agree to be bound and abide by these Terms of Use. All information we collect on the Platform is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. By accessing or using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

Changes

We may periodically revise and update these Terms of Use. All changes are effective immediately when we post them and apply to all access to and use of the Platform after posting.

Your continued access to or use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

We reserve the right to modify, withdraw or amend the Platform and any service, product or content provided on or through the Platform, without notice. We are not liable if for any reason all or any part of the Platform is unavailable. We may periodically restrict access to all or some parts of the Platform.

Intellectual Property Rights; Limited License

The Platform displays and utilizes various types of proprietary content and materials (collectively, “Content”), including: (1) copyrightable materials, such as text, images, photographs, designs, graphics, video clips, audio clips, data, technology, software, graphical interfaces, the “look and feel” of the site, the selection, compilation, assembly and arrangement of site materials, and other copyrightable materials (including source code and object code); and (2) trademarks, trade names, trade dress, logos, slogans and other trade identities and the domain names and URLs associated therewith, whether registered or unregistered (collectively, “Trademarks”).

All right, title and interest in and to the Content and the Platform (and its features and functionality) is owned by PathAI, its licensors or certain other third parties and is protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property, unfair competition and proprietary rights laws.

Subject to your compliance with these Terms of Use, PathAI grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to download (temporary storage only), display, view, use and/or print one copy of the Content (excluding source and object code) only for your personal, non-commercial use (or as necessary for you to fulfill any obligations you have to PathAI). This limited license: (a) does not give you any ownership of, or any other intellectual property or other right in, any Content; and (b) may be immediately suspended or terminated for any reason, in PathAI’s sole discretion, without advance notice or liability.

No right, title or interest in or to the Content or the Platform is transferred to you, and all rights not expressly granted are reserved by PathAI. Any use of the Content or Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Acceptable Use of the Platform

You may use the Platform only for lawful, personal, non-commercial purposes (or as necessary to fulfill any obligations you have to PathAI) and in accordance with these Terms of Use. You agree that you will not:

  • use the Platform in any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries);
  • use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • use the Platform to impersonate or attempt to impersonate PathAI, a PathAI employee, another user, or any other person or entity (including by using email addresses associated with any of the foregoing).
  • use the Platform to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • use the Platform to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm PathAI or users of the Platform or expose them to liability;
  • use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
  • use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
  • use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Platform;
  • introduce to the Platform any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • engage in phishing, impersonation, data mining or scraping, or any other attempt to interfere with PathAI’s business, data security, or the operations of the Platform;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
  • attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Platform.

Platform Registration/Passwords

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you shall not provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Reliance on Platform Content/Third Party Content/Links

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

The Platform may include or display proprietary and other content provided by users of the Platform or other third parties, including designs, images, text, articles, comments, software, and other content and materials provided by third parties(collectively, “Third Party Content”). PathAI is not responsible for Third Party Content, its accuracy, availability, or completeness, or for any representations made by third parties on the Platform in connection with Third Party Content. Any representations or opinions conveyed by others in connection with Third Party Content are solely the responsibility of those third parties and not of PathAI. 

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

Disclaimer of Warranties

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PATHAI NOR ANY PERSON ASSOCIATED WITH PATHAI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER PATHAI NOR ANYONE ASSOCIATED WITH PATHAI REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PATHAI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability; Limitation on Time to File Claims

IN NO EVENT WILL PATHAI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR ON OTHER PLATFORMS, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, hold harmless and indemnify PATHAI, ITS affiliates, and their respective officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs (including reasonable legal and accounting fees) arising out of or relating to your violation of these Terms of Use or your access or use of the Platform.

Claims of Copyright Infringement

We respect the intellectual property rights of others. If you believe that any Content or materials on our website infringes upon any copyright you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:

Attn: Copyright Agent
PathAI, Inc.
120 Brookline Ave.
Boston, MA 02215

Miscellaneous

The Platform is operated from within the United States. We make no representation or warranty that the Platform, or any content or other materials available on the Platform, are appropriate or available for access or use in other locations. Those who access the Platform from outside the United States do so on their own initiative and are responsible for compliance with local laws and regulations, if and to the extent such local laws and regulations are applicable.

PathAI may assign its rights and obligations under this Agreement, in whole or in part, to any party, at any time, without notice. Your rights and obligations under this Agreement may not be assigned to any third party, without the prior written consent of an authorized PathAI representative.

If you do not comply with these terms, and we do not take action right away, we are not waiving our right to take action in the future.

This Agreement and any disputes arising out of it shall be governed by the laws of the Commonwealth of Massachusetts, USA, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to this Agreement or relating to use of the Platform shall be brought exclusively in the federal or state courts of Suffolk County, Massachusetts, and you and we consent to personal jurisdiction in those courts.

Class Action WaiverAny proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.

These Terms of Use and any other agreements referenced herein (including our Privacy Policy), make up the entire agreement between us relating to your use of the Platform, and replace any prior understandings or agreements (whether oral or written) between us relating to the Platform. If a court or other competent legal authority finds that any individual portion of this Agreement is not enforceable, this will not affect the enforceability of any other terms. For the purposes of this Agreement “including (include)” means “including (include), without limitation.”

You acknowledge that you have read and understood this Agreement, and that this Agreement has the same force and effect as a signed agreement. If you are using the Platform on behalf of a business, that business accepts this Agreement. All rights not expressly granted herein are hereby reserved.

If you have questions about the Platform or these Terms of Use you may contact us via e-mail at info@pathai.com or via mail at:

Attn: Support
PathAI, Inc.
120 Brookline Avenue
Boston, MA 02215

You agree that the only way to provide us legal notice is at the address provided in this paragraph.