IMPORTANT TERMS AND DISCLAIMERS YOU SHOULD KNOW UPFRONT
TERMS AND CONDITIONS
By accessing, viewing, and/or using the Platform and/or the Services offered by RealDocAI, Inc. (referred to herein as “Company” “We” and “Us”), you (hereinafter referred to as, “You” or “Your”) agree to these Terms and Conditions and the Company’s Privacy Policy. You hereby waive any applicable rights to require an original (non-electronic) signature to the extent not prohibited under applicable law.
For purposes of these Terms and Conditions, the term “Platform" shall mean the website available at the URL app.realdocai.com together with all periodic updates thereon developed by the Company.
Age Requirement
By using the Platform you represent and warrant that you are over eighteen (18) years of age. If you are not over eighteen (18) years of age, do not use the Platform. If You use the Platform and/or Services on behalf of another person, you must have the authority to accept the Terms and Conditions on their behalf. You must provide accurate and complete information to register for an account.
Registration / Account
In order to use the Platform You must create an account (“Account“). You agree not to create an Account for anyone else or use the Account of another without their permission. If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account and for your Account security, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
You are solely responsible for the information you provide at registration and while using the Platform. If You provide incorrect, improper, incomplete or false information at any time through the Platform, You shall be liable for the submission of incorrect, improper, incomplete or false information.
Your Account may be revoked at any time and the access to the Platform denied by the Company, at the sole discretion of the Company, with or without cause.
If You wish to delete your Account and terminate this Agreement, You may send an email request to [email protected].
Platform Fee
To use the Platform, You must agree to pay the Platform Fee. Subject to the foregoing, it is hereby clarified that we reserve the right to apply a Platform Fee in the future for your use (or continued use) of Platform, even if We currently offer the Platform free of charge.
Users shall pay Company a monthly subscription fee, according to a selected Plan (“Platform Fee“). The Company may offer Plans on a monthly or annual basis (each such applicable monthly or annual period, the “Billing Period“). The Platform Fee shall automatically renew for successive Billing Periods. If Your payment cannot be completed, we will provide you written notice and may suspend access to the Platform and/or Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. ALL PLATFORM FEES ARE NONREFUNDABLE.
Current fee for service are $10 per month. We may change the Platform Fee by posting notice to your account and/or to the Platform. Price increases will be effective 30 days after they are posted. Any price changes will apply to the Platform Fees charged to your account immediately after the effective date of the changes.
You may cancel your subscription at any time either through the Platform or by contacting us at: [email protected]. In order to avoid being billed for the next Billing Period’s Platform Fee, you must cancel your automatic subscription before the end of the applicable Billing Period according to your Plan.
Payments are processed through the third-party payment processing service (made available by a third party, which is currently Stripe.com (“Payment Processor”)). Company is not liable in any way for the acts or omissions of such Payment Processor. In addition to this Agreement, use of the Payment Processor services is subject to the applicable provisions of the Payment Processor’s Terms of Service. The terms applicable to Stripe.com are available at: https://stripe.com/ssa.
Platform Services and Content
The Platform offers the following Services to You:
The contents of the Platform, such as text, graphics, images, and other materials created by the Platform or obtained from the Company’s licensors, (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. You should never disregard professional medical advice or delay in seeking medical advice because of Content You receive on the Platform.
You are solely responsible for the submission of any personal information and other content to Platform, and where any incorrect, improper, incomplete or false information is submitted by You and collected through the Platform, You are liable for such submission of incorrect, improper, incomplete or false information.
Disclaimers
By using the Platform and Services, You acknowledge and agree to the following:
We will use any personal information that we may collect or obtain in connection with Your use of the Platform in accordance with our privacy policy which is available (“Privacy Policy“). By using the Platform, You agree that we may use Your personal information as set forth in the Privacy Policy.
You are aware that You are not obligated to provide Us with any personal information, and you hereby confirm that entering Your personal information on the Platform is at Your own discretion and Your own decision.
Intellectual Property
The Content generated on the Platform is protected by the copyright laws in the United States. The Company authorizes you to view the Content solely for your personal, noncommercial use.
Ownership of the Content remains with the Company or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the discretion of the Company. All rights not expressly granted herein are reserved to the Company and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Content Scraping
You shall not copy, transfer, download, republish, sell, duplicate, or "scrape", for commercial or any other purpose whatsoever, the Content or information made available on the Platform.
Link to Third Party Websites
The Platform may provide links to third-party websites and applications including but not limited to payment gateways, messaging services, video-conferencing applications, and vendor services. The Platform does not have any control offered by such third-party websites or applications. These Terms and Conditions shall not govern usage of such third-party websites or applications by You. Usage of such third-party websites or applications by a You shall be governed by terms of services and privacy policy of the respective third-party website or application.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR RELIANCE ON INFORMATION RECEIVED FROM THE PLATFORM, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO COMPANY FOR USING THE PLATFORM WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
You acknowledge that without Your agreement to this Limitation on Liability section, the Company would not provide access to the Platform to You.
Indemnification
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Platform, (b) any personal information or other content you provide to the Platform, (c) your use of or reliance on any Content, or (d) your violation of these Terms and Conditions.
Dispute Resolution
Any controversy, claim, dispute or difference arising out of the alleged breach of Terms and Conditions, shall be resolved by means of binding arbitration before a single arbitrator selected by an alternative dispute resolution provider selected by the Company. The award given by such an arbitrator shall be final and binding on all the parties.
The arbitration shall be held at a location determined by the arbitrator. No demand for arbitration shall be made after the date when the institution of legal proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
Termination of Account and/or Services
Company reserves the right, at any time without upon prior notice, to: (i) discontinue or modify any aspect of the Platform; and/or (ii) terminate your Account, Your subscription and/or use of the Platform, with or without cause, and shall not be liable to You or any third party for any of the foregoing. If you object to any of these Terms and Conditions or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, You agree that Your only recourse is to immediately discontinue use of the Platform and to terminate your Account and related subscription.
If You wish to terminate your Account and related subscription, You must send an email request to [email protected].
Cookies
The Platform uses cookies to enable the Company to retrieve information, the functionality of the Platform, and providing better user experience of the Platform. Company’s affiliate partners may also use cookies for providing their services.
Advertisements
The Company may place advertisements for and/or on behalf of any third-party entity on the Platform. The Company is not responsible or liable for the form, content or authenticity of such advertisements, and the same shall be the sole responsibility of such third-party.
Change to Terms and Conditions
Company may update, revise or amend these Terms and Conditions from time to time without notice to You. You should check the Terms and Conditions frequently. Your continued use of the Platform and/or Services after any change to the Terms and Conditions shall constitute Your express agreement to any change in the Terms and Conditions.
Severability
These Terms and Conditions supersede all prior agreements, written or oral, between the parties hereto concerning the subject matter hereof. Whenever possible, each provision of the Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of the Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or any other jurisdiction, but the Terms and Conditions shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction to courts located in Wilmington, DE and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Entire Agreement
These Terms and Conditions, Privacy Policy and any policies incorporated herein contain the entire agreement between You and Company regarding the use of the Platform and the Services, and supersedes any prior or contemporaneous agreements, communications, or understandings between you and the Company on that subject.