Mezmars AI AI Terms and Conditions

Effective Date: January 6, 2024

Welcome to Mezmars AI AI! These Terms and Conditions ("Terms") govern your use of Mezmars AI's services, including the website, AI-generated content, patient engagement tools, and reputation management services (collectively, the "Services"). By accessing or using Mezmars AI, you confirm your acceptance of, and agree to be bound by, these terms and conditions.

Preamble and Acknowledgement of AgreementIn the spirit of fostering a transparent and mutually beneficial relationship between Mezmars AI and its esteemed clientele, this document articulates the terms and conditions that shall govern the contractual relationship. By engaging with the Mezmars AI platform, you, hereinafter referred to as are implicitly affirming your unreserved acceptance of these comprehensive terms, thereby binding yourself to the stipulations herein contained.

This Agreement is a legally binding contract between you ("Customer") and Astrulab (referred to as "Mezmars AI,""we,"or "us". This Agreement regulates your access to and usage of the Services provided by Mezmars AI.

WE ADVISE YOU TO READ THIS AGREEMENT CAREFULLY TO MAKE SURE YOU UNDERSTAND EACH CLAUSE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES YOU TO RESOLVE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL AND BINDING ARBITRATION. UNLESS YOU OPT OUT, YOU OPENLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ALSO FORGO YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

This Agreement shall come into full force and effect commencing from the initial date of utilization of the Mezmars AI platform or any of its services.

The Agreement contains the following sections and definitions:

• 1. Aggregated Statistics: Data and information related to the Customer's usage of Mezmars AI's Services which is used in anonymous, aggregate manner to compile statistical and performance information related to our Services.
• 2. Arbitration Agreement: An agreement that requires resolution of any conflict between the parties through individual arbitration.
• 3. Authorized User: Refers to the Customer's employees, consultants, contractors, and agents who are permitted to access and use our Services under the clauses of this Agreement.
• 4. Confidential Information: Information concerning either party's business affairs, products, confidential intellectual property, trade secrets and other sensitive or proprietary information, whether communicated orally or in written, electronic or other format, whether or not identified as “confidential” during the time of disclosure.
• 5. Customer: Refers to you and your Authorized Users who have access to our Services.
• 6. Customer Property: Any content (including text, pictures, illustrations, charts, tables, and other materials), materials or data supplied by the Customer to Mezmars AI for processing on the Customer’s behalf.
• 7. Service Documentation: Pertains to Mezmars AI's user manuals, handbooks, guides, FAQs, instructional videos relating to the Services brought to the Customer electronically and accessible at www.Mezmars ai.com.
• 8. Services: The online and/or mobile services, websites, and software provided on or in connection with the Services provided by Mezmars AI as outlined on Mezmars AI's website at www.Mezmars ai.com.
• 9. Term: The duration of this Agreement, which kicks off on the Effective Date and continues for the period of the Customer's active subscription to the Services.
• 10. Third-Party Products: Any products, content, services, information, or other materials owned by third parties that are integrated into or are accessible through our Services.

(i) Changes to the Services: Mezmars AI reserves the right to alter the Services without prior notice; to stop providing the Services or features of the Services, to you or to users in general; and to put into place usage limits for the Services. Mezmars AI also has the right to permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if you violate any provision of this Agreement, or for no reason. Upon termination, the rest of this Agreement will still apply.

1. Customer Responsibilities:

• (a) Acceptable Use Policy: You are required to adhere to Mezmars AI's Acceptable Use Policy and all applicable laws, rules, and regulations.
• (b) Account Use: All uses of the Services and Documentation from your access are your responsibility. You are responsible for all activity by Authorized Users, including any breach of this Agreement they might commit.
• (c) Passwords and Access Credentials: You are responsible for maintaining the confidentiality of your passwords and access credentials connected to the Services.
• (d) Third-Party Products: The Services may allow for access to Third-Party Products. These Third-Party Products are subject to their own terms and conditions. If you do not agree to adhere to the terms for any Third-Party Product, you should not install, access or use such Third-Party Products.

Financial Terms:

• (a) Billing Policies: Some aspects of the Services may come with a fee. If you decide to use chargeable parts of the Services, you are in agreement with our Pricing and Payment Terms as they stand or as they may be updated from time to time.
• (b) No Refunds: You may cancel your account at any time but there will not be any refunds for cancellation.
• (c) Free Trials: Free trials of certain Services may be on offer. Payment for your subscription is due the day your free trial ends or the day you start your paid subscription. If you do not want to be charged, you must cancel your subscription before the last day of your free trial period.

1. Warranty Disclaimer:

THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. USAGE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. Mezmars AI DOES NOT PROMISE THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR EXPECTATIONS; THAT THE SERVICES WILL BE ALWAYS ACCESSIBLE, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER DAMAGING COMPONENTS.

Mezmars AI DOES NOT GUARANTEE THAT ANY HARM OR DAMAGE CAUSED BY DOWNLOADING CONTENT OR OTHERWISE OBTAINED THROUGH THE SERVICES USAGE WILL BE COMPENSATED.

ADDITIONALLY, Mezmars AI DOES NOT ENDORSE, GUARANTEE, OR BE RESPONSIBLE FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES.

THE DISCLAIMERS AND EXCLUSIONS IN THIS AGREEMENT WILL NOT APPLY WHERE THEY ARE PROHIBITED BY APPLICABLE LAW.

2. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Mezmars AI BE ACCOUNTABLE UNDER OR IN RELATION TO THIS AGREEMENT VIA ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERS, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE IRRESPECTIVE OF WHETHER Mezmars AI WAS INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL Mezmars AI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

AS PERMITTED BY APPLICABLE LAW, Mezmars AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) CUSTOMER PROPERTY OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT WILL Mezmars AI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE MANNER OF CLAIM, EXCEED THE TOTAL AMOUNTS PAID TO Mezmars AI UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION EXTENDS TO CLAIMS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Mezmars AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

CERTAIN REGIONS DO NOT PERMIT THE EXCLUSION OR RESTRICTION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT PROVIDES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY DEPENDING UPON YOUR LOCATION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT SUCH CLAUSES ARE PROHIBITED BY APPLICABLE LAW.