Terms of Service

Last Updated: July 5, 2023

1. Introduction

Welcome to ProSight AI, Inc. ™(“Company,” “We,” Our,” “Us”).  These Terms of Service (“Terms,” “Terms of Service”) govern your use of Our website, located at {add company URL} (the “Site”) (together or individually, (“Service”) operated by ProSight AI, Inc.™

Please read these terms of service carefully before using the Site.  By accessing or using any content on the Site you agree to be bound by these Terms and Our Privacy Policy (collectively the “Agreements”, individually each an “Agreement”).  You acknowledge that you have read and understood the Agreements and agree to be bound by them.  If you disagree with any part of the Terms then you may not access the Site.  These terms apply to all visitors, users, and others who wish to access or use Service.

2. Electronic Communications

Visiting the Site or sending emails to Company constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications provided electronically to you by Company, via email and on the Site, satisfy any legal requirements that such communications be in writing.

3. Purchases

If you wish to purchase any product or services made available through Service, (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, but not limited to, your credit card or debit card number, the expiration date of your card, billing address, and shipping information.

You represent and warrant that: (a) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct, and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases.  By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy (see ADD PRIVACY POLICY URL)

We reserve the right to refuse or cancel your order at any time for any reason, including, but not limited to, product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or unauthorized or illegal transaction is suspected.

4. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”).  Billing cycles will be set depending on the type of Subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ProSight AI, Inc.™ cancels it.  You may cancel your Subscription renewal either through your online account management page or by contacting [email protected].

A valid payment method is required to process the payment for your subscription.  You shall provide ProSight AI, Inc. with accurate and complete billing information that may include, but not be limited to, name, address, zip code, telephone number and valid payment method information.  By submitting such payment information, you automatically authorize ProSight AI, Inc.™ to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, ProSight AI, Inc.™, reserves the right to immediately terminate your access to the Service.

5. Free Trial

Prosight AI, Inc.™, may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for a Free Trial.

If you do enter billing information when signing up for a Free Trial, you will not be charged by ProSight AI, Inc.™until the Free Trial has expired.  On the last day of the Free Trial period, unless you canceled your Subscription, you will automatically be charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, ProSight AI, Inc.™ reserves the right to (i) modify the Terms of Service regarding the Free Trial offer; or (ii) cancel the Free Trial offer.

6. Fee Changes

ProSight AI, Inc.,™ in its sole discretion and at any time, may modify fees for the Products and Subscriptions.  Any Product or Subscription fee change will become effective at the end of the then-current Billing Cycle.

ProSight AI, Inc.™ will provide you with a reasonable prior notice of any change in Product or Subscription fees and will give you an opportunity to terminate your Subscription before such Subscription fee change becomes effective.

Your continued use of Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

7. Refunds

We issue refunds for Purchases within fifteen (15) days of the original Purchase.

8. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms.  You agree not to use Service:

8.1  In any way that violates any applicable national or international law or regulation;

8.2  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;

8.3  To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam”, or any other solicitation;

8.4  To impersonate, or attempt to impersonate Company, a Company employee, another user, or any other person or entity;

8.5  In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose of activity;

8.6  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Us, may harm or offend Company, or users of Service, or expose them to liability.

Additionally, you agree not to:

8.7  Use Service in any manner that could disable, overburden, damage, or impair Service, or interfere with any other party’s use of Service, including, their ability to engage in real time activities through Service;

8.8  Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service;

8.9  Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;

8.10 Use any device, software, or routine that interferes with the proper working of Service;

8.11  Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or   technologically harmful;

8.12  Attempt to gain unauthorized access to, interfere with, damage, or disrupt, any parts of Service, the server on which Service is stored, or any other server, computer, or database connected to Service;

8.13   Attack Service via a denial-of-service attack or distributed denial-of-service attack;

8.14   Take any action that may damage or falsify Company rating; or

8.14   Otherwise attempt to interfere with the proper working of Service.

9. Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

 

10. No Use by Minors

Service is only intended for access and use by individuals at least eighteen (18) years old.  By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the Terms and Conditions herein.  If you are not at least eighteen (18) years old, you are prohibited from both access and usage of Service.

11. Accounts

When you create an account with us, you guarantee that you are above the age of eighteen (18) , and that the information you provide us is accurate, complete, and current at all times.  Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account.  You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.   You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a user name, the name of another person or entity, or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.  You may not use as a username any name that is offensive, vulgar, or obscene, as determined by ProSight AI, Inc.,™at our sole discretion.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

12. Links to Third Party Sites

The Site may link to other websites (“Linked Sites”).  These Linked Sites are not under the control of the Company.  Company is not responsible for the contents of any Linked Sites.  Company provides these links as a convenience to you.  The links do not constitute endorsement by the Company of the site or any association with its operators.  YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED SITE, OR ANY OTHER WEBSITES , LANDING PAGES, OR SERVICE OFFERINGS THAT YOU VISIT.

13. Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Service and its content, features and functionality (the “Service Items”) in strict accordance with these Terms (“Limited Access License”).  All Service Items included as part of Service are the property of Company and are protected by copyright, trademark, and other US and international laws that protect Company’s intellectual property and proprietary rights.  You agree to not modify, publish, transmit, reverse engineer, or create derivative works from the Service Items.  You agree that you do not have, nor will you acquire, any ownership rights to any Service Items and that Company does not grant you any licenses, express or implied, to the intellectual property of Company outside of the Limited Access License expressly authorized herein.  Our trademarks may not be used in connection with any product or service without the prior written consent of ProSight AI, Inc.™

14. Copyright Policy

We respect the intellectual property rights of others.  It is our policy to respond to any claim that any content posted on Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

15. Error Reporting and Feedback

You may provide us either directly at [email protected] with suggestions for improvements, ideas, problems, complaints and other matters related to our Service (“Feedback”).  You acknowledge and agree that:  (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback: (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.  In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

16. Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses relating to or arising out of your use of the Site or Service.

17. Liability Disclaimer

The information and content on this Site may include inaccuracies or typographical errors.  The Company may make periodical changes at any time.  Company makes no representations about the suitability, reliability, timeliness, or accuracy of the information on the Site.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL HOLD US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOW EVER IT ARISES (INCLUDING ATTORNEY’S FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF THIS AGREEMENT AND ANY VIOLATIONS BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THAT AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE ANY CONSEQUENTIAL OR PUNITIVE DAMAGES.  SOME STATES DO NOT ALLOW THE THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

18. Dispute Resolution

Both you and the Company agree that any dispute or claim arising from or related to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

19. International Users

Company is owned and operated in the United States.  If you access the Site or Services outside of the United States, you are responsible for compliance with your local laws.

20. Access Restriction

Company reserves the right, in its sole discretion, to terminate your access to the Site at any time, without notice.

21. Disclaimer of Warranty

PRODUCTS AND SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, AND ANY PRODUCTS, ITEMS OR SERVICES OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY, NOR ANY PERSON ASSOCIATED WITH COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, ACCURACY, SECURITY, RELIABILITY, QUALITY,  OR AVAILABILITY OF THE SERVICE, OR ANY OF THE PRODUCTS OR SERVICES WE PROVIDE VIA THE SERVICE.  WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY ONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, THEIR CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED VIA THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY PRODUCTS OR SERVICES OBTAINED VIA THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

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

22. Termination

We may terminate or suspend your account and bar access to Service immediately , without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

23. Governing Law

These terms shall be governed and construed in accordance with the laws of Maryland, without regard to its conflict of laws rules, and the laws of the United States of America.

24. Entire Agreement

This Agreement constitutes the entire agreement between you and Company with respect to the Site and Service and supersedes all prior or contemporaneous communications between you and Company.

 

25. Severability

If any part of this Agreement is determined by a court, or other tribunal of competent jurisdiction, to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

26. Changes to Service

We reserve the right to withdraw or amend Our Service, and any products, materials or services we provide via Our Service, in our sole discretion and without notice.  We will not be liable if for any reason all or any part of Service is unavailable for any time or for any period.  From time to time we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

 

27. Amendments to Terms

We may amend Terms at any time by posting the amended terms on the Site.  It is your responsibility to review these Terms periodically.

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

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms.  If you do not agree to the new Terms, you are no longer authorized to use Service.

 

28. Waiver

No waiver by Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

29. Acknowledgment

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

30. Contact Us

Please send us your feedback, comments, requests for technical support, by email to: [email protected]

                Last Updated:  July 5, 2023