Terms of Service for Dragon Medical Dictation Canada
Please choose your product to see the relevant terms:
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Dragon Medical One Prepaid Terms of Service
Subscription Terms of Service
Revised July 2025
I have read and agreed to the following purchase terms:
I represent that I have the authority to place orders on behalf of the purchasing entity and bind them to the Nuance End User License Agreement (EULA) identified below.
I have read and agree on behalf of the purchasing entity to the terms of the Nuance Healthcare Hosted Services Subscription Agreement located at: https://dragonmedical.ca/nuanceeula which I understand is the Nuance EULA that governs the purchasing entity’s use of the Dragon Medical One hosted service.
The initial subscription term for the Dragon Medical One hosted service is for 1 year at a rate of $1308CDN Prepaid (1 year non-cancellable term); unless otherwise negotiated with Dragon Medical Dictation Canada (dragonmedical.ca) prior to purchase.
I authorize the credit card on file to be charged upfront for the full duration of the subscription term which is non-cancellable.
The subscription will auto renew onto subsequent 1 year non-cancellable terms.
To turn off auto renew a request must be emailed 35 days prior to the auto renew date to help@dragonmedical.ca
If a subscription agreement is not cancelled 35 days prior to the registered end-date, the agreement is auto-renewed.
Once the subscription is renewed, it is not possible to process a credit and you will be charged for the full subscription term.
If a subscription agreement is cancelled 35 days or more prior to the registered renewal-date, the Licensee will receive a confirmation.
If a subscription agreement is cancelled 35 days or more prior to the registered renewal-date and the Licensee needs to be re-activated (no cancellation but renewal after cancellation) there will be a service-charge
Adjustment of Subscription Charges Based on Inflation
The subscription charges for term based or subscription agreements are subject to an annual review and may be adjusted in accordance with the prevailing rate of inflation. However, any such increase will be capped at a maximum of 3% per annum. This adjustment is intended to align with the cost-of-living changes and ensure the continued provision of quality service. Subscribers will be notified of any changes to the subscription charges at least [90 days] prior to the implementation of the new rates.A Technical Discovery Assessment may be completed by your Value-Added Reseller to determine if you have a virtual software environment. Virtual environments add complexity to the implementation and additional charges may apply.
DETAILED RENEWAL TERMS
Term-based and/or subscription licenses
For Term-based or subscription agreements Licensee agrees to an initial term.
This initial term may vary per solution and can be agreed upon upfront with a minimum term of 12 months.
The most common solutions that apply here are, but are not exclusive to: Dragon Medical One, Dragon Professional/Legal Anywhere Cloud, Tungsten Power PDF Term.Term-based and/or subscription agreements will automatically renew if not cancelled 35 days prior to the registered end date. Once the subscription is renewed, it is not possible to process a credit and you will be charged for the full subscription term.
The auto-renewal will be processed at the same price as the initial agreement** and will be performed automatically without disruption for the Licensee.Additional terms for Term-based and/or subscription agreements:
– If a Term-based and/or subscription agreement is cancelled 35 days or more prior to the registered end-date Licensee will receive a confirmation.
– If a Term-based and/or subscription agreement is cancelled 35 days or more prior to the registered end-date and the Licensee needs to be re-activated (no cancellation but renewal after cancellation) there will be a service-charge.
– If a Term-based and/or subscription agreement is not cancelled 35 days prior to the registered end-date, the agreement is then auto-renewed.Co-terming:
Licensees may have the option to co-term their Term-based and/or subscription agreement,
to align for all Licensees’ end-date to end at the same time.
Co-terming is only possible after a full initial term (1 year). Subject to approval and a co-terming fee.Dragon Medical One Monthly Terms of Service
Dragon Medical Dictation Canada is an authorized Reseller of Nuance Dragon Medical One. All billing is conducted by the distributing company “AI Smarter World”.
The minimum subscription term for the Dragon Medical One hosted service is one year.
I authorize the credit card on file to be charged monthly for the full duration of the subscription term which is non-cancellable.
The subscription will auto renew onto subsequent 1 year non-cancellable terms.
To turn off auto renew a request must be emailed 30 days prior to your auto renew date to help@dragonmedical.ca from the primary billing account holder.
Once the subscription is renewed, it is not possible to process a credit and you will be charged for the full subscription term.
SCOPE AND APPLICATION
THESE TERMS OF SALE ("TERMS") CONSITUTE A BINDING LEGAL CONTRACT BETWEEN (A) US, A.I. SMARTER WORLD, INC. ("AISW"), WITH OFFICES AT 3860 VIA DEL REY, BONITA SPRINGS, FL 34134, THE SELLER (WITH REFERENCES TO "US", "WE", OR "OUR" BEING CONSTRUED ACCORDINGLY), AND (B) YOU, THE PURCHASER (WITH REFERENCES TO "YOU" OR "YOUR" BEING CONSTRUED ACCORDINGLY). THESE TERMS APPLY TO ALL OFFERS, SALES AND PURCHASES OF THIRD PARTY PRODUCTS (INCLUDING, WITHOUT LIMITATION, HARDWARE, SOFTWARE, LICENSE RIGHTS, AND SERVICE USE RIGHTS RESOLD BY US) ("PRODUCTS") OR ACCESS RIGHTS TO SERVICES WE DIRECTLY PROVIDE ("AISW SERVICES"), WHICH OCCUR EITHER (A) THROUGH THE ONLINE STORE ON WHICH WE POST THESE TERMS, OR (B) THROUGH ANY OTHER MEANS THROUGH WHICH WE ENGAGE IN THE SALE OF PRODUCTS AND AISW SERVICES, SUCH AS BUT NOT LIMITED TO ORDERS BY PHONE, THE WEBSITE, AND SUCH OTHER MEANS, ("AISW PLATFORM"). BY ORDERING ANY PRODUCT OR AISW SERVICE THROUGH AN AISW PLATFORM OR BY VISITING THIS ONLINE STORE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT.
We value our relationship with you and consider our approach to privacy of the information you provide in your use of the AISW Platform to be an important aspect of that relationship. Our Privacy Statement governs the collection and use of information through the AISW Platform. By submitting your personally identifiable information to us in relation to your order, you consent to such information being processed to fulfill your order and in accordance with our Privacy Statement. The Privacy Statement is incorporated by reference into and is made a part of this Agreement. To view the Privacy Statement applicable to our collection and use of information through the AISW Platform, please visit: https://aismarterworld.com/website-privacy-policy
ALL ORDERS ARE SUBJECT TO YOUR CONSENT TO ANY APPLICABLE LICENSE AGREEMENT OR USAGE TERMS IS DELIVERED WITH, INCLUDED IN, OR PRESENTED IN CONNECTION WITH YOUR PRODUCT OR AISW SERVICE. If you do not agree to the license or usage terms once you see them, do not accept them and contact customer service or your authorized sales representative.
When a customer enters a brick-and-mortar store, the customer is bound by the store rules in effect on the date of his or her visit. Similarly, you are bound by the version of these Terms in effect on the date of each order you place through this AISW Platform. These Terms may change from time to time, so please review them upon submission of each order, even if you have reviewed them before.
ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE RETURNS POLICY APPLICABLE TO YOUR PURCHASE.
ORDER PLACEMENT AND ACCEPTANCE; ONLINE CONTRACTING
We attempt to describe the Products and AISW Services available for purchase through the AISW Platform as accurately as possible. However, we do not warrant that the prices, quotations, anticipated delivery dates, and descriptions made or referred to on the AISW Platform or any related websites are accurate, complete, reliable, current, or error-free. The prices, quotations and descriptions made on the AISW Platform are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express Acceptance of your order (as described below).
All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the AISW Platform or related pages, or otherwise made available by us or a Product manufacturer or publisher, are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine your rights and remedies in this regard.
While we make every effort to ensure that items appearing on the AISW Platform are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item or if you prefer, we will backorder the item and deliver when available.
An order submitted by you only constitutes an offer by you to us to purchase Products or AISW Services subject to these Terms at the price and on the terms stated in the order and is subject to our subsequent Acceptance (as defined below), irrespective of whether the button or link you press or activate to submit your order to us includes words such as "complete order" or otherwise indicates that it is the final step in completion of your order. Any order confirmation email received by you prior to our Acceptance shall constitute an acknowledgement of our receipt of your offer only, and not an acceptance of your offer.
You acknowledge and agree that if you are placing an order through a website, by clicking or activating the button or hyperlink to submit your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw your consent to electronic contracting and to electronic delivery, but if you do, we may cancel your order and/or your access to AISW Services and Third-Party Services. If you do not consent to receive any notices electronically, you must stop using the AISW Platform.
Our acceptance of your order only occurs at such time that we have both (a) dispatched your Product order and/or provided you with access to AISW Services, and (b) received payment of the purchase price of your order through settlement of funds via your provided credit card or other payment method ("Acceptance"). We may cancel your order at any time and for any lawful reason prior to Acceptance. Prior to Acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
We may keep records of orders received, acknowledgements, acceptances, and other contract records after Acceptance for a period not to exceed the maximum period permitted by law. We may be able to provide you with copies on written request; however, you must make sure you print or otherwise save a copy of all such documents and these Terms for your own records.
If we have cause to believe that you are unable to pay your debts as they fall due, you fail to pay any amount by the due date or breach any of these Terms, we believe you have engaged in fraud or criminal activity in connection with your use of the AISW Platform, or we are unable to process payment to the payment method you provided with your offer, then, without prejudice to any of our other rights, we may do any or all of the following:
stop any Products in transit to you;
suspend further deliveries of Product if on an ongoing basis;
stop or suspend provision of AISW Services;
cancel or revoke issues Service Use Rights for Third Party Services;
cancel any automatic renewal plan in which you have elected to participate;
pursue legal actions for financial restitution: and/or
cancel any and all other contracts between us and you.
9. When ordering on the AISW Platform you are bound by the AISW Terms of sale herein and/ or attached to you order and no other third-party representations. AISW hereby rejects liability for any and all such third-party representations including but not limited to claims, offers, warranties, and support.
PRICING AND PAYMENT TERMS
Unless indicated in marketing, prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. If the price of a Product is obviously incorrect, regardless of whether it is an error in a price posted on the AISW Platform or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
Prices payable for Products or AISW Services are those in effect at the time of Acceptance, unless otherwise expressly agreed. Prices may be indicated on the AISW Platform or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance through the charge placed through your selected payment method. Payment shall be made by the payment method selected during your order completion process through the AISW Platform. We will charge credit or debit cards on dispatch of the Product or commencement of AISW Services. We reserve the right to verify and/or authorize credit or debit card payments prior to Acceptance.
Except as expressly provided elsewhere in these Terms or the AISW Platform, payment may be taken in full notwithstanding any claim for short delivery or defects.
Where the payment is invoiced, each invoice shall be due and payable in full by the due date specified on the invoice, and if no date is specified on the invoice, within thirty (30) days of the date of invoice. If you fail to pay invoiced amount when due, we may (a) by notice declare all invoiced amounts unpaid at that date to be immediately due and payable, and (b) take all actions determined necessary and appropriate by us to collect such unpaid amount.
No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against you for the price of Products at any time after payment has become due even though title or rights to those Products may not yet have passed to you.
If you elect to use the services of a third-party payment or billing provider in connection with your purchase from us, your use of such services will be subject to the third-party provider's own terms and conditions. You may be required to create an account with such third-party provider and/or provide that third-party provider with your bank account or credit/debit card details. We are not responsible for, and you agree to hold us harmless from and against any liability resulting from, the acts or omissions of any third-party payment or billing provider.
Any extension of credit allowed to you may be changed or withdrawn at any time. Interest of 1.5% per month, or the maximum allowed by law, shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgment). You shall indemnify us on demand against any out-of-pocket expenses incurred in relation to recovery of any overdue amounts including but not limited to legal expenses, collection fees, interest, and court costs.
DELIVERY
We will use all commercially reasonable efforts to deliver Products in a timely manner. For Products delivered electronically, we will deliver such Products by electronic transmission or via download. Delivery timescales/dates specified on the AISW Platform, in any order acknowledgement or elsewhere are estimates only.
The places that we deliver to are listed on the Site ("Territory"). Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any order acknowledgement or Acceptance we provide and notify us of errors or omissions as soon as possible. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
Where we deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you (a) for Products delivered digitally, upon the provision to you of a download link for Software, or of a license key or Service Use Rights, via email or other electronic delivery method; and (b) for Products delivered physically, upon delivery of a product to the delivery location (if no signature is required for delivery, you accept all risk of loss for theft or loss of the delivered product following delivery to the delivery location).
REJECTION, DAMAGE OR LOSS IN TRANSIT; PRODUCT WARRANTY
Except as set out above or under any applicable returns policy presented on the AISW Platform and applicable to your purchase of a Product or AISW Service ("Returns Policy") and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
We shall not be liable, and you shall not be entitled to reject Products or AISW Services, except for:
Damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) for which you notify us in writing of such damage or loss within 5 working days of your receipt of the Products (if damaged) or 5 working days of the anticipated delivery date of the Products (if lost).
Defects in Products (not being defects caused by any act, neglect or default on your part) for which you notify us of such defect within 30 days of your receipt of the Products.
Defective performance of AISW Services (not being defects caused by any act, neglect or default on your part) for which you notify us of such defective performance within 5 days of such defect becoming apparent
We shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use; or use in any manner inconsistent with the manufacturer's specifications or instructions.
If you refuse or fail to take delivery of Products, any risk of loss or damage to the Products shall nonetheless pass to you, and without prejudice to any other rights or remedies we have:
We shall remain entitled to payment in full for the Products or AISW Services delivered.
We may effect delivery by whatever means we consider appropriate or store Products at your risk, and you shall be liable for, and shall pay on our demand, all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery.
We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.
Where there is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option:
(in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) Replace or repair the Product upon you returning the Product; or; (ii) Refund the price paid in respect of any Products found to be damaged or defective. However, your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where Products have been repaired or altered by persons other than the manufacturer, us or any authorized dealer; defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by us in connection with the delivered Products.
You will have the benefit of any manufacturer's, licensor's or supplier's warranty provided by the manufacturer, licensor or supplier to you in connection with your purchased Products and should refer to the relevant documentation supplied with the Product in this regard. (If applicable, the Returns Policy may also set out procedures applicable to repairs or replacement of defective Products delivered.)
No Returns are allowed without a return authorization number issued by us and Products being returned must be received within 30 days of issuing said number or return privileges will expire.
SOFTWARE AND SERVICE USE RIGHTS
Where any Product supplied is or includes software ("Software"), this Software (a) is licensed to you (and not sold to you) by the licensor/owner subject to their license agreement or terms included with such Software or presented during your checkout process or software installation process ("License Terms"). In addition:
Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
Save to the extent provided for in any applicable License Terms, your rights of return and/or to a refund under these Terms and any applicable Returns Policy do not apply in the event that you open the Software shrink-wrap and/or break the license seal and/or use the Software.
Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
2. With respect to your purchase of an service use right associated with a software-as-a-service, platform-as-a-service, or infrastructure-as-a-service offering operated and provided by a third party ("Third-Party Service"), we are selling you an intangible right to access, use, and/or participate in such Third Party Service for a specified usage duration (a "Service Use Right") and we are not the provider or operator of such Third Party Service. Your use of a Third-Party Service is subject to the relevant terms of use or other license terms between you and the Third-Party Service operator (and not us) related to such Third-Party Service ("Service Terms"). You agree and acknowledge that these Terms only apply to our sale of Service Use Rights to you, and do not apply to your use of a Third-Party Service. The company or entity which operates the Third-Party Service is solely responsible for fulfilling, operating and providing the Third-Party Service for which we resell you a Service Use Right. You agree to hold us harmless from and against any liability resulting from your use of, or inability to use, a Third-Party Service, except that we (either directly or through our subcontractor) will provide reasonable customer support to you in connection with the fulfillment to you of access credentials as part of your purchased Service Use Right. We disclaim any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to the availability, use or results from using any Third-Party Service for which we sell Service Use Rights. You are advised to refer to any Service Terms with regards to determining your rights against the operator of a Third-Party Service.
WAIVER AND LIMITATION OF LIABILITY; RISK ALLOCATION
YOU UNDERSTAND AND AGREE THAT WE ARE NOT THE MANUFACTUER OF THE PRODUCTS WE OFFER FOR SALE THROUGH THE AISW PLATFORM AND ARE NOT THE OPERATOR OF THIRD-PARTY SERVICES FOR WHICH WE OFFER SERVICE USE RIGHTS FOR SALE THROUGH THE AISW PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND AISW SERVICES THAT YOU PURCHASE FROM US ARE PROVIDED TO YOU "AS IS," AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. UNLESS AGREED OTHERWISE OR REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS OR AISW SERVICES ONLY EXTEND TO YOU ON THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS OR AISW SERVICES.
WE HAVE PRICED PRODUCTS AND AISW SERVICES AVAILABLE FOR PURCHASE FROM US UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (a) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS AND/OR AISW SERVICES WHICH GIVE RISE TO SUCH LIABILITY; AND (b) NEITHER WE NOR OUR SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERIVCES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF BUSNIESS) IN CONNECTION WITH YOUR USE OF THIS SITE OR YOUR PURCHASE OR USE OF ANY PRODUCT OR AISW SERVICE, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE WERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS.
NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS LIMIT OUR LIABILITY TO YOU FOR ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us, our subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to (a) any Products purchased by you in connection with your use of the AISW Platform (including without limitation your use of any Third Party Service for which you purchase Service Use Rights from us), or (b) the violation of Section 8 of these Terms by you, your employees, consultants, agents, distributors, or customers.
To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the Products or AISW Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.
EXPORT & CUSTOMS DUTIES
Each Product and AISW Service and any related items (including software, technology and technical information) sold, exported, transferred, supplied or licensed by us may be subject to and governed by the laws of the United States and other countries, including but not limited to the US Export Administration Regulations (EAR) and US Foreign Assets Control Regulations (FACR). You are required to comply with all applicable laws relating to the export, re-export, transfer, use, or import of any Product or related items. Diversion contrary to applicable law is prohibited. Notwithstanding any other request or agreement to the contrary, neither you nor AISW shall take or be required to take any action prohibited or penalized under US or applicable foreign law.
The tangible shipment of Products from one country for delivery in another country may be subject to customs duties, fees, taxes and/or other charges in the country of ultimate destination. Unless otherwise expressly stated by AISW during the order process, (a) your payment for the order in question does not include any customs duties, fees, taxes and/or other charges that may be due and payable in the Product's country of ultimate destination, and (b) the receiving party in the Product's country of ultimate destination is responsible for making entry and properly declaring the merchandise to the appropriate customs authorities, paying any applicable customs duties/fees/taxes/charges, and/or satisfying any additional import-related requirements. You should contact the local customs authorities in the relevant jurisdiction for further information on the applicable customs requirements and procedures, duties, fees, taxes, and/or other charges that may be assessed against the Product.
When you are making a Purchase, you may be given an option to prepay or not prepay import tariffs and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, "Import Costs"). We will make commercially reasonable efforts to estimate the amount of Import Costs (said estimate, the "Estimate"). However, the Estimate may be more or less than the final actual amount of Import Costs due and payable. We have no control over the Import Costs and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import tariffs and customs duties that may be applicable to your Purchase.
If you choose to prepay the Import Costs, you agree and acknowledge that (a) the actual Import Costs may be more or less than the Estimate and (b) you will NOT be asked to pay more money OR receive any refund in the case that the actual Import Costs differ from the Estimate.
If you choose to prepay the Import Costs contained in the Estimate, you agree and acknowledge that the receiving party in the Product's country of ultimate destination remains ultimately responsible for making entry and properly declaring the merchandise to the appropriate customs authorities, paying any applicable customs duties/fees/taxes/charges, and/or satisfying any additional import-related requirements. You should contact the local customs authorities in the relevant jurisdiction for further information on the applicable customs requirements and procedures, duties, fees, taxes, and/or other charges that may be assessed against the Product.
If you choose to not prepay the Import Costs, you agree and acknowledge that (i) the actual Import Costs may be more or less than the Estimate; (ii) you (and not AISW, the broker, the shipper, the supplier or any other party) must bear the responsibility of paying all actual Import Costs; (iii) in the case that any entity other than you must pay some or all of the actual Import Costs on your behalf to effect customs clearance, you will reimburse (upon request) that entity in full for the actual Import Costs paid on your behalf; and (iv) failure by you to pay Import Costs in a timely manner may not only cause delays beyond our original delivery estimates, but also may put you at risk of potential liability for tariffs and other fees.
NOTICES
Any notice or other communications in relation to these Terms may be given by sending the same by hand delivery, pre-paid post, e-mail (a) with respect to notices and communications to you, to the address and contact information you provided in connection with your purchase of Products and/or AISW Services; and (b) with respect to notices and communications to us, to the address listed at the beginning of these Terms or as otherwise specified in your order confirmation email or notification of Acceptance. These will also be the addresses for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
If posted, 5 working days after the date of posting;
If by fax, on the date of the transmission as evidenced by a successful transmission contact report (or, if this is not a working date, the first working date thereafter).
If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
AGREEMENT TO ARBITRATE
We will make every reasonable effort to resolve any disagreements that you have with us. In the event that we cannot resolve a disagreement to your satisfaction (or if we cannot informally resolve a concern we may have with you after attempting to do so informally), then you and we agree that except as expressly provided in Section 10.2 below, any claim, dispute, or controversy you may have against us arising out of, relating to, or connected in any way with these Terms, the AISW Platform, or the purchase or attempt to purchase of any Products or AISW Services through the AISW Platform shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate in this Section 10 ("Rules and Procedures"). The AAA's rules, and a form for initiating arbitration proceedings, are available on the AAA's site at http://www.adr.org. The language of any dispute resolution procedure or any proceedings will be English.
This Section 10 applies to all consumers to the fullest extent allowable by law. The disputes governed by these procedures in this Section 10 include without limitation (a) claims arising out of or relating to any aspect of the relationship between you and us; (b) claims that arose out of your use of the AISW Platform; and (c) claims currently the subject of a purported class action litigation in which you are not a member of a certified class. However, the dispute resolution procedure specifically does not apply to (i) a claim relating to the enforcement or validity of your or our intellectual property rights; (ii) a claim relating to an allegation of theft, piracy, or unauthorized use; or (iii) claims for which class action litigation can be brought.
YOU AND WE BOTH AGREE THAT (A) EACH OF US CAN ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND THERE SHALL BE NO AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS; (B) ARBITRATION CAN DECIDE ONLY YOUR AND/OR OUR INDIVIDUAL CLAIMS, AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S); AND (C) THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
If the value of the relief sought is $10,000 or less, either you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us (subject to the arbitrator's discretion to require an in-person hearing based on the circumstances). Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. Any in-person arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us.
You agree further that: (a) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized at law; (b) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
With the exception of Section 10.3 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, Section 10.3 above is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.
GOVERNING LAW AND VENUE
Any dispute arising out of or related to these Terms shall be governed by the internal laws of the State of Florida, without regard to or application of its choice of law rules or conflicts-of-laws principles, except that the Arbitration provision of these Terms shall be governed by the Federal Arbitration Act. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Lee County, Florida, and both you and us agree to submit to the personal jurisdiction of the courts located within Lee County, Florida for the purpose of litigating all such claims or disputes.
GENERAL
These Terms sets forth the entire understanding between you and us with respect to your use of the AISW Platform and your purchase of Products and AISW Services from us, and supersedes any and all prior or contemporaneous communications, agreements, and representations, whether written or oral, related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. AISW may engage the services of subcontractors or agents to assist AISW in the performance of its obligations related to these Terms. You may not assign or transfer your rights under these Terms, and any purported assignment or transfer shall be void. No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction: (a) these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (b) in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect. Neither you nor we shall be in breach of these Terms in the event that party is unable to perform its obligations as a result of any reason or condition beyond its reasonable control.
End-of-life policy
The rapid rise of the cloud computing model has fundamentally reshaped the software industry and the way software is delivered. Gone are the days of biannual software releases shipped on a DVD, replaced with a cloud distribution model that allows software manufacturers to rapidly innovate and easily distribute their solutions to cloud connected customers. Nuance is no exception, and we have used the cloud model to radically accelerate our ability to deliver new solutions, capabilities and features into the market and respond to our customers' needs.
Supported. A given major release or point release is supported for 12 months after the initial release date. During this period, Nuance will investigate any reported issues and make best efforts to address any confirmed defects in a future major, point or service release.
End of Support (EOS). If a major release or point release is more than 12 months old, it will still interoperate with our Nuance cloud, but it is no longer officially supported. Any issues reported against an unsupported release will not be analyzed or investigated.
End of Life (EOL). A major release or point release that is more than 15 months old will no longer function due to advances in the Nuance cloud infrastructure.
Third-party end-of-life support policy
Dragon Medical One relies on a modern software infrastructure in order to be able to provide frontend speech recognition in a highly secure manner. Key components include modern operating systems from Microsoft, the latest and most secure versions of the Microsoft .NET Framework, as well as solutions from virtualization vendors such as Citrix and VMware. In keeping with standard industry practices, these vendors routinely discontinue support for older products. By default, when a third-party vendor such as Microsoft or Citrix no longer supports an existing product, Nuance also officially ends support of Dragon Medical One running in that environment. Although the product may continue to function, Nuance will not be able to address any performance, security or functional issues that may arise from using unsupported third-party software.
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Terms
Eligibility for a free trial and an option to subsequently purchase DocBuddy/VetBuddy.
Subscription terms are month to month with 1 month’s notice required for cancellation or one year prepaid terms. Prepaid terms cannot be cancelled or refunded mid-term. Cancellation requests for prepaid terms must be emailed to your account representative 30 days prior to the subscription renewal date.
Please email help@dragonspeech.ai or your account rep. to request cancellation of a month to month subscription.EULA
This End User License Agreement (EULA) is between you (End User, you, or your) and Doc Buddy Inc. (Company, us, our, or we). This EULA governs your use of mobile applications, a web portal offered by us requiring your registration, and related documentation provided by us to you (the Application). The Application is licensed and not sold to you subject to this EULA, as well as any related agreements, including a master services agreement (MSA) between us and a healthcare institution with whom you are affiliated (Group Sponsor), as well as any business associate agreement between us and you, or among us, you, and your Group Sponsor (BAA), or a pilot agreement for temporary use of the Application (PILOT), (the PILOT, or, the MSA together with the BAA, the Related Agreements), each as amended to date and as hereafter amended or restated.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
GRANT. Subject to the terms of this EULA, we grant you a limited, non-exclusive and nontransferable license to: (a) download, install, and use the Application for use on mobile devices owned or controlled by you (Mobile Device) strictly in accordance with the Application’s documentation; and (b) access and use on such Mobile Device the Content and Services (as defined below) made available in or otherwise accessible through the Application, strictly in accordance with this EULA and the Related Agreements.
RESTRICTIONS. You will not, directly or indirectly, nor permit any other person to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Application, or the Content and Services; (b) copy, modify, translate, or create derivative works based on any element of the Application or any related documentation; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Application; (d) use the Application for the benefit of any person or entity other than for the benefit of the Group Sponsor or a patient; (e) remove any proprietary notices or disclaimers from the Application, or on any reports generated from the Application or from any materials furnished or made available to you by the Company; (f) knowingly take any action that would cause the Application to be placed in the public domain; or (g) use the Application for any unintended purpose.
RESERVATION OF RIGHTS. You have no ownership interest in the Application or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA and in the Related Agreements. Company and its licensors and vendors reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
YOUR PRIVACY. You acknowledge that when you download, install, or use the Application, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our then-current Privacy Policy, our then-current terms of service available on our website, and to the BAA. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and the Related Agreements.
YOUR CONTENT. Your Content means any communications, templates, images, and all the material, data, medical data, and information that you upload or transmit through the Application, or that other users upload or transmit. You hereby grant us a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to store, use, copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, process, analyze, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your Content as well as all modified and derivative works thereof. By transmitting or submitting any of Your Content while using the Application, you affirm, represent and warrant that such transmission or submission is (i) accurate; (ii) not in violation of any laws, contractual restrictions or other third-party rights, and that you have permission from any third party whose information or intellectual property is comprised in Your Content; and (iii) free of viruses, adware, spyware, worms or other malicious code. You acknowledge and agree that any personal information within Your Content will at all times be processed by the Company in accordance with its Privacy Policy and the Related Agreements.
OUR CONTENT AND SERVICES. The Application may provide you with access to your Group Sponsor’s EHR System and services accessible thereon, together with certain features, functionality, and content accessible on or through the Application (collectively, Content and Services). Your access to and use of such Content and Services are governed by and subject to the Related Agreements and our vendor agreements, which are incorporated herein by this reference. Your access to and use of the Content and Services may require you to acknowledge your acceptance of the Related Agreements or our vendor agreements, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such agreements will also be deemed a violation of this EULA. EHR System means hardware and software used or licensed separately by the Group Sponsor to collect and store standard medical and clinical data pertaining to an individual, but excluding the Application.
THIRD PARTY MATERIALS. The Application may display, include, or make available third-party content (including data, information, applications, templates, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (Third Party Materials). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
APPLE. If the Application is installed on a device using the iOS operating system or any successor operating system thereto, subject to the other terms and conditions in this EULA, the parties acknowledge that (a) Apple is not a party to this EULA; (b) we are solely responsible for the Application and any of our content or content of our vendors available therein; (c) Apple has no obligation to maintain or support the Application; (d) if a third party claims that the Application or your possession and use of that Application infringes a third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (e) Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof; and (f) Apple is not responsible for addressing any claims of the end-user or any third party relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You agree that the rights granted to you in Section 1 of this EULA are limited by the Usage Rules set forth in the Apple Store Terms of Service. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
GOOGLE. If the Application is downloaded from the Google Play and installed on your device, you acknowledge and agree that use of the Application is also subject to the Google Play Developer Distribution Agreement, located at https://play.google.com/intl/ALL_us/about/developer-distribution-agreement.html, as amended.
HIPAA. The Related Agreements govern our handling of protected health information received from you and, if applicable, your Group Sponsor.
PASSWORDS AND SECURITY. You are responsible for maintaining the confidentiality of any authentication information used to access the Application and for ensuring that your authentication information is used only by you. You will notify us immediately of any unauthorized use of your data, account, authentication information, or of any other breach of security with respect to the Software of which you are aware. You further acknowledge that, notwithstanding security precautions deployed by us, the use of, or connection to, the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Application, as well as the Content and Services. You agree to take all commercially reasonable precautions to protect the security of data transmitted over or stored in any system connected to or accessible via the Internet in connection with use of the Application.
UPDATES. We may from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, Updates). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this EULA.
SUPPORT. Except as otherwise provided in the Related Agreements, we have no obligation to provide maintenance or support for the Application. We may offer support for the Application in our sole discretion by, for example, (a) providing Updates; or (b) through a duly-authorized third party.
TERM AND TERMINATION. The term of this EULA commences when you accept this EULA and will continue in effect until terminated by you or by us as set forth in this Section 14. You may terminate this EULA by deleting the Application and all copies thereof from your Mobile Device. Subject to the terms of the Related Agreements, if any, we may terminate or suspend our performance under this EULA at any time and without notice if we cease to support the Application (which we may do in our sole discretion), if the MSA is terminated, if you or your Group Sponsor cease to pay fees in the manner contemplated by our then-current terms of use, or if the Company’s ability to provide Content and Services within the Application (whether in whole or in part) is terminated. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of its terms and conditions or the terms of service for the Application posted on our website, as then in effect. Upon termination of this EULA: (i) all rights granted to you under this EULA will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of our rights or remedies at law or in equity. Termination of our ability to provide Content and Services within the Application will not require us to provide equivalent content or services from other providers, nor will we be obligated to (a) provide you with copies of Your Content; or (b) maintain any medical records that you or Group Sponsor are otherwise required to maintain under international, federal, state, or local laws and regulations. You are solely responsible for maintaining copies or backups of Your Content.
DISCLAIMER OF WARRANTIES. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE COMPANY DOES NOT UNDERTAKE TO PROVIDE ANY ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WITH RESPECT TO THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. EXCEPT WHERE PROHIBITIED BY LAW, IN NO EVENT WILL THE COMPANY, IT AFFLIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NOTWITHSTANDING THE OTHER PROVISIONS OF THIS EULA, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION AND RELATED DOCUMENTATION, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUND ACTUALLY PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT APPLY CERTAIN LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
NO GUARANTEE OF HEALTH OR OTHER RESULTS; HEALTH CARE DECISIONS. We will not be liable for any action or failure to act by you or others as a result of the action plans or recommendations obtained by you in connection with the Application. You are solely responsible for determining the suitability of any course of action and any selection of third-party providers. We do not guarantee the results of any program or suggested action plan and are not dispensing medical, business or other advice. You acknowledge and agree that we do not (a) make benefit determinations, (b) provide, direct, or control the provision of medical services, (c) provide any diagnostic or treatment service or medical or health advice, or (d) provide any advice, recommendations, interpretation, or application of the reports, output, or other representations of clinical information produced by or resulting from the Application. You further acknowledge and agree that you will be solely responsible for (a) analyzing, interpreting, or applying any report, output, or other representation of clinical data produced by or resulting from the Application, (b) providing all diagnostic or treatment service or medical or health advice, and (c) taking all actions related to or arising from any report, output, or other representation of clinical data produced by or resulting from the Application.
EXPORT REGULATION. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction, country, or person to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
US GOVERNMENT RIGHTS. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
SEVERABILITY. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
NOTICE. You may direct any questions, complaints, or claims relating to the Application to the Company at support@docbuddy.com or write us at 5860 S. Clayton Court, Greenwood Village, CO 80121.
GOVERNING LAW. This EULA is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case with jurisdiction in Arapahoe County, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ENTIRE AGREEMENT. This EULA, together with the Related Agreements, our Privacy Policy, and our Terms of Service, constitutes the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of a conflict between this EULA and the Related Agreements, the terms of the following agreements shall control in order of precedence: the Privacy Policy, the BAA, the MSA, the terms of service, agreements between the Company and its vendors, and this EULA.
WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.
HEADINGS. The headings contained in this EULA are for reference purposes only and shall not in any way affect the meaning or interpretation of this EULA.
SURVIVAL. The following sections will survive termination or expiration of this EULA: Sections 2-8, and Sections 15-27.
Adjustment of Subscription Charges Based on Inflation
The subscription charges for DocBuddy/VetBuddy are subject to an annual review and may be adjusted in accordance with the prevailing rate of inflation. However, any such increase will be capped at a maximum of 3% per annum. This adjustment is intended to align with the cost-of-living changes and ensure the continued provision of quality service. Subscribers will be notified of any changes to the subscription charges at least [90 days] prior to the implementation of the new rates.