1. Acceptance of Terms & Regulatory Agreement
These Terms of Service ("Terms") govern your access to and use of the Exxari web software, mobile applications, and API platform (collectively, the "Services"). By accessing or utilizing our platform, you confirm that you have read, understood, and agreed to be legally bound by these terms.
If you do not agree to these terms, you must refrain from accessing or utilizing our platform. Healthcare entities using our Services under a Business Associate Agreement (BAA) must comply with both these Terms and their associated BAA covenants.
2. Key Definitions
- "User" or "You": Any individual, clinician, or organizational representative accessing or using the platform.
- "Company," "We," or "Us": Exxari Inc. and its designated operational subsidiaries.
- "Content": All software algorithms, text, health metrics, interfaces, documentation, and user-generated outputs.
- "Protected Health Information (PHI)": Individually identifiable health information governed by HIPAA regulatory standards.
3. User Accounts & Registration Governance
3.1 Account Eligibility
Users must be at least 18 years of age (or the legal age of majority in your jurisdiction) to establish an account. Accounts registered on behalf of organizations must be executed by authorized personnel.
3.2 Security Responsibilities & MFA
Account owners are responsible for maintaining the confidentiality of login credentials and authentication mechanisms. You specifically agree to:
- Enforce Multi-Factor Authentication (MFA) on all access accounts
- Never share credentials, session tokens, or account access with unauthorized third parties
- Notify system administrators immediately upon identifying potential credential leaks or breaches
- Log out from active sessions upon completing work on shared workstations
3.3 Account Suspension & Termination Rights
We reserve the right to temporarily suspend or permanently terminate user accounts involved in security policy violations, systemic abuse, or breaches of these Terms.
4. Acceptable Use & Operational Restrictions
You agree to use our software solely for lawful healthcare analysis and administrative operations. The following actions are strictly prohibited:
- Unauthorized Access: Attempting to reverse-engineer, decompile, or probe system vulnerabilities or access non-public API endpoints.
- Malicious Content Injection: Uploading files containing malware, automated scrapers, or malicious payloads designed to compromise infrastructure integrity.
- Misrepresentation: Falsifying health parameters, forging identity credentials, or impersonating licensed clinicians.
- Data Extraction: Utilizing automated bots or scrapers to extract platform content, datasets, or system metrics without authorization.
5. Intellectual Property Rights
Exxari and its licensors retain all right, title, and interest in and to the platform, including system code, algorithmic models, interfaces, and trademarks.
- Platform License: We grant you a limited, non-transferable, non-sublicensable, revocable license to access and use the platform for authorized purposes.
- User Data Ownership: You retain ownership of raw health data, laboratory records, and personal documents uploaded to the system.
- Processing Rights: You grant Exxari the right to process uploaded data solely to provide, secure, and perform clinical analytics services.
6. Health-Related Disclaimers & Limitations
The analytical outputs, biomarker assessments, and information provided by our platform are designed exclusively for informational and decision-support purposes. They do not constitute formal medical diagnosis, treatment plans, or professional medical advice.
- Physician Review Required: Always evaluate platform analytical outputs with a qualified, licensed healthcare professional.
- No Doctor-Patient Relationship: Utilizing our Services does not establish a clinical practitioner-patient relationship between you and Exxari.
7. Limitation of Liability & Warranties
The platform is provided on an "AS-IS" and "AS-AVAILABLE" basis without express or implied warranties. To the maximum extent permitted by applicable law:
- Exxari explicitly disclaims warranties of merchantability, fitness for a particular clinical purpose, and non-infringement.
- We shall not be held liable for indirect, incidental, consequential, or punitive damages resulting from platform downtime or data misinterpretation.
- Our total cumulative liability for claims arising under these Terms shall not exceed the amount paid by you for Services during the 12 months preceding the claim.
8. Payments & Billing Terms
- Subscription Fees: Paid subscriptions are billed in advance on a recurring monthly or annual basis depending on your plan selection.
- Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date.
- Cancellation & Refunds: You may cancel your subscription at any time through account settings. Fees paid are non-refundable except where mandated by law.
9. Dispute Resolution & Legal Jurisdiction
These Terms are governed by and construed in accordance with applicable state and federal laws without regard to conflict-of-law provisions.
- Informal Resolution: Parties agree to attempt informal good-faith negotiation prior to initiating formal legal proceedings.
- Binding Arbitration: Any unresolved dispute shall be settled via binding individual arbitration rather than court proceedings, waiving rights to class action participation.
Legal Office & Inquiries
For legal inquiries, contractual questions regarding these Terms, or formal legal notices, contact our Legal Department: