Legal Terms of Use 

These Service Terms of Use (“Terms”) constitute a legally binding agreement between you and Oncoscope-AI on behalf of itself and as host provider(s) of this applications and services provided via this website located at www.oncoscope-ai.com (“Website”) on behalf of its partners, licensors, co-owners, suppliers and others with which Oncoscope-AI  has privity and contribute to the provision of the Portal and any Services (if and when any) (both defined bel0w) (Oncoscope-AI and all such parties, individually and collectively, “Oncoscope-AI ”, “we”, “us” or “our”).   

If and when any application and services are launched at and accessible via this Website, please be advised that they will be made available as a private alpha / private beta project currently referred to internally and for the purposes of conducting such private alpha and private beta activities as “Oncoscope” and variations thereof.” 

For the purposes of these Terms, Oncoscope and such variations will variously be referred to as the “Portal” when referring to any application and/or other offerings (when and if made available including demo, trial, pre-release versions thereof) that is or are accessible via this Website and/or through other communications channels or media including offline delivery methods.  The term “Services,” when used in relation to any such Portal or otherwise, refers to any and all methodologies, processes, and other online and offline offerings delivered or made accessible by Oncoscope-AI including, without limitation, in connection with or relating to the Portal and might include, but not be limited to, both human-based resources and computing, storage and other machine-based resources made used or available by Oncoscope-AI, as well as any and all sought after results, proceeds and products resulting from the use of, or are supported by, the Portal or otherwise provided, delivered or supported by Oncoscope-AI.  For avoidance of doubt, references to the term “Services” are inclusive of the Portal without limitation. 

YOU AGREE TO BE BOUND BY THESE TERMS WHEN YOU ACCESS AND CONTINUE TO ACCESS OR USE THE PORTAL AND/OR ANY OF THE SERVICES VIA THE WEBSITE.  IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.  IN CERTAIN CONTEXTS OR FROM TIME TO TIME, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MAY BE VOLUNTARILY CONTACTING US OR YOU MAY BE ASKED OR REQUIRED TO CLICK “I AGREE” AND/OR SIMILARLY INDICATE YOUR AGREEMENT. 

  1. Description of the Portal. Oncoscope-AI  is planning and anticipating to provide, and if and when made available, is providing a Portal to you to conduct searches and other analyses of certain information resources and otherwise utilize the features and functionality of the Portal on a private alpha and private beta testing basis. The Portal is not currently at a level of performance, nor can the results support, to use for public health, epidemiological, healthcare or other decision-making, strategy, policy-making, planning, diagnostic or commercial uses or any other uses of a similar nature.  To be clear, the Portal and other Services and any results thereof may not be used to independently diagnose, prevent, treat or set health care or other public policy in relation to any condition or disease or to ascertain the state of public health.  You are solely responsible for evaluating the information obtained from the Portal and other Services and for your use or misuse of such information. You agree that you will be solely responsible for your compliance with all laws and standards of professional practice applicable to you.  

  1. Authorized Use.  

  • Subject to the terms and conditions hereof, Oncoscope-AI  grants to you a nonexclusive, nontransferable license to use, solely in accordance with these Terms including the Privacy Policy and any other terms referenced hereby or herein, the Portal and the resulting output data and other information, and any other Services constituting software, hardware, documentation, data, know-how or other information received from or provided by Oncoscope-AI , solely for alpha and beta testing purposes and for no other uses or purposes, unless such other uses or purposes are expressly approved in writing by Oncoscope-AI .   

  • You warrant and covenant that you are and will be using the Portal and other Services (including as to uploading or submitting queries or other information or data) in accordance with these Terms and any accompanying documentation and any and all guidance provided by Oncoscope-AI , and you will be, and hereby agree to be, subject to any and all restrictions, limitations, exclusions, protocols, processes, etc. that are prescribed by Oncoscope-AI  at any time during your usage of the Portal or other Services.  

  • You will not, and will not permit others to, use the Portal or any other Service for any purpose that is unlawful or prohibited by these Terms.  You agree that you will not perform, permit, or allow any abuse or fraudulent or unlawful use of the Portal or any other Service, and you agree to take all commercially reasonable steps necessary to control and prevent any abuse or fraudulent or unlawful use of the Portal or other Services. 

  • If and as applicable, during and for a reasonable period following the conclusion of any demo, trial, alpha or beta testing, or other evaluative usage, you will make yourself available to Oncoscope-AI (or its partners, co-owners or licensors) to provide any assessments or feedback based on your evaluation of, or experience with using, the Portal and/or other Services, including both positive and negative inputs and other feedback. You agreed to notify Oncoscope-AI  of all feedback including without limitation any problems with, or ideas for enhancements of, the Portal or other Services that come to your attention during any evaluative uses, and agree to grant, and hereby grant to, Oncoscope-AI  a non-exclusive, worldwide, royalty-free, freely transferable right and license, including the right to sublicense through successive tiers, to use any and all such feedback and to make derivative works therefrom and thereof.   

  • You understand that the Portal or other Services may have defects and errors and may produce unexpected results.  

  • Oncoscope-AI  and its partners, co-owners, licensors, suppliers and others may disclose high level results about the evaluations and alpha / beta usages of the Portal or other Services for use in publication, promotional, reporting, technical and other papers, case studies, or other purposes including in connection with subsequent developments or projects; provided that, without your prior consent, none of your information will be disclosed in a way that can reasonably be expected to identify you as the source of such information without your involvement or consent.  In addition, you agree that Oncoscope-AI  and its partners and co-owners may include your name and logo as a partner on its or their websites or other promotional efforts and may issue a press release regarding the parties’ relationship, provided that such press release shall be subject to your prior approval, not to be unreasonably withheld. 

  • This Agreement may be terminated at any time upon cessation of the Portal and other Services.  Oncoscope-AI  may terminate and cease to provide the Portal or any Service at any time, with or without notice, in its sole discretion.   

  1. Alpha – Beta Release; Limitation on Liability.  This Portal and the other Services constitute offerings released and provided on an private alpha or private beta basis, and do not constitute product or service offerings at a level of performance of a commercially available or other publicly released offering.  Oncoscope-AI  may add features to or delete features from the Portal and/or other Services at any time, without notice to you.  The Portal and Services may not operate correctly and may be substantially modified prior to first release, or at Oncoscope-AI ’s option may not be continued, may cease to be offered, or may not be modified or released in any other version in the future.  Oncoscope-AI  does not (and, to be clear, none of Oncoscope-AI ’s partners, licensors, co-owners, suppliers and others with which Oncoscope-AI  has privity or contribute to the provision of the Portal and Services) assume any liability for any actions taken, including any further use or disclosure of information, by persons to whom you have provided access to results and/or other information derived from your use of the Portal or other Services. You agree that you will defend, indemnify and hold harmless, and pay and reimburse, Oncoscope-AI  and any and all of Oncoscope-AI ’s partners, licensors, co-owners, suppliers and others with which Oncoscope-AI  has privity and contribute to the provision of the Portal and Services from and against any and all actions, claims, or damages (including attorneys’ fees and costs) resulting from or arising out of any use or misuse of the Portal and/or other Services, or any use or disclosure of results and/or other information accessed or derived thereby.   

  1. Passwords. As and when the Portal or other Services may require you to register for an account or otherwise utilize account-authentication procedures to access such Portal and/or other Services, access to the Portal and/or other Services may involve using a unique username, whether selected by you or assigned by Oncoscope-AI, in combination with a password and/or other method of authentication. You must keep any and all authentication credentials strictly confidential, and you will not permit the use of your credentials by any third party person(s) or entity(-ies).  You hereby expressly and solely assume the risk of any unauthorized disclosure or intentional intrusion arising from your failure to follow these Terms and/or industry standard security practices with respect to your use of this Portal and/or other Services. 

  1. Information Privacy. You agree that you will only access information to the extent you have permission or legal authority to do so. You further agree that you will not use, disclose, reproduce, distribute, share, display, and/or transmit any information (including without limitation uploading or submitting any personal health information or the like) in a way that infringes the privacy or other rights of another person or may violate law. You warrant, represent and agree that you will at all times comply with all laws, statutes, regulations, ordinances, or restrictions of any governing body or governmental entity, whether state, federal or otherwise, currently existing or hereafter enacted, which governs, controls, restricts or is otherwise applicable to the receipt, gathering, storage, maintenance, transmission, processing, reporting, disclosure, release or other use of patient information through or in connection with any use of the Portal or other Services. 

  1. Right to Use Oncoscope-AI  Resources. By agreeing to these Terms, you confirm that you are at least 18 years of age. You agree to comply with these Terms, all applicable laws, and other applicable Oncoscope-AI  terms and conditions, policies, practices, and notices provided or referenced herein at all times when using the Portal or other Services or otherwise. Oncoscope-AI  retains the right to block or otherwise prevent delivery of any type of email or other communication to or from Oncoscope-AI or any access to or use of the Portal or any other Services, as part of our efforts to protect Oncoscope-AI  resources, or to stop you from any actual or alleged breaches of these Terms or any laws. 

  1. Proprietary Rights. The Portal and Services (and any and all resources and the contents of each) are protected by intellectual property laws and you are granted only a limited right to remotely access and use the same.  Other than with respect to your own information, these Terms do not grant you any rights in connection with any copyrighted materials, trademarks or service marks, or any other intellectual proprietary rights with respect to any resources or their contents in respect of your use of the Portal or other Services, all of which are owned by Oncoscope-AI  or its partners, co-owners, licensors, suppliers and/or others. 

  1. Information. References to “information” herein might include information, files, or data uploaded to, provided to, stored on, created within, created as a result of use of the Portal, mobile application or otherwise, or any Oncoscope-AI-provided Services. The Portal is in private alpha / private beta testing phase. You retain all of your ownership rights in your information; however, by using the Portal or other Services, you agree that Oncoscope-AI  may use any and all of your information provided or uploaded in connection with such use in connection with development, operation and provision of such Portal and other such Services and related products and services, and you hereby grant to Oncoscope-AI  (including to its partners, co-owners, licensors, suppliers or others) a perpetual, irrevocable, world-wide, non-exclusive, sublicensable, transferrable (without a separate approval), fully- paid, royalty-free license to use such information as provided in this Section and to create derivative works thereof and therefrom.  Without limiting the foregoing, you agree that Oncoscope-AI  may use your information in connection with the Portal and related products and Services, as well as use, develop, copy, and create derivative works from your information in providing the Services to its other customers and to improve the Services and develop new services, provided that if Oncoscope-AI  shall provide access to your information, Oncoscope-AI  shall deidentify or anonymize your information and include your information with the information of other customers such that the origin of your information is not, to the knowledge of Oncoscope-AI , ascertainable. 

  1. Privacy. Information privacy is important to us and we are committed to protecting your information in accordance with applicable laws and regulations and consistent with our established policies. Our Privacy Policy supplements these Terms and further describe how Oncoscope-AI  collects information through the Portal, and how we use, disclose, and protect that information. Oncoscope-AI ’s use of your information that is Personally Identifiable Information, if any, is further defined and clarified in such Privacy Policy. Oncoscope-AI does not permit any uploading or submission or use of the Portal or Website with any personal health information or any other personal data governed or regulated by any applicable laws and should any personal health information or similar data be uploaded or submitted or otherwise use by you in respect of your use of the Portal and/or Website, Oncoscope-AI will use only be obligated to use commercially reasonable efforts to assist you in mitigating or curing any such breach or violations and you agree to defend, indemnify and hold harmless, and pay and reimburse, Oncoscope-AI  and any and all of Oncoscope-AI ’s partners, licensors, co-owners, suppliers and others with which Oncoscope-AI has privity and contribute to the provision of the Portal and/or other Services from and against any and all actions, claims, or damages (including attorneys’ fees and costs) incurred as a result thereof or arising therefrom. 

  1. No Warranty; Limitation of Liability. THE SERVICES INCLUDING WITHOUT LIMITATION ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, DATA AND PORTAL INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR OTHERWISE VIA BIOTIA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BIOTIA AND ITS PARTNERS, CO-OWNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES. This license to use the Information will survive and/or transfer in the event of a change in control of Oncoscope-AI  or any of its partners, co-owners, licensors, suppliers and licensees. A change in control includes (i) a change in ownership, (ii) a merger, (iii) a change in the effective control, or (iv) a change in ownership of substantial portion of assets.  TO THE SERVICES INCLUDING WITHOUT LIMITATION ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, DATA AND PORTAL INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR OTHERWISE VIA BIOTIA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE SERVICES MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, DATA AND PORTAL INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR OTHERWISE VIA BIOTIA MAY NOT BE ERROR-FREE. NONE OF BIOTIA, ITS PARTNERS, CO-OWNERS, LICENSORS, SUPPLIERS AND LICENSEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, DATA AND/OR PORTAL INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR OTHERWISE VIA BIOTIA WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, DATA, TOOLS, AND SERVICES SO INCLUDED IN OR SO MADE AVAILABLE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE PORTAL OR OTHER SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ANY ASPECT OF THE PORTAL OR OTHER SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.  Additionally, Oncoscope-AI  makes no representations of any kind, expressed or implied: (i) regarding the safety, accuracy, or efficacy of the Services, or the information stored on the Portal, mobile application or otherwise; (ii) that the Services will operate in a manner that is uninterrupted or error-free, or (iii) regarding any other subject matter of these Terms.  You acknowledge that any claims related to the establishment or performance of the Services shall be brought to the attention of Oncoscope-AI. UNDER NO CIRCUMSTANCES SHALL BIOTIA NOR ANY OF ITS PARTNERS, CO-OWNERS, LICENSORS, SUPPLIERS AND LICENSEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, DATA, AND PORTAL INCLUDED IN OR AVAILABLE THROUGH WEBSITE OR OTHERWISE VIA BIOTIA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. 

  1. Liability Release; Indemnification. You hereby expressly release Oncoscope-AI  and agree to defend, indemnify and hold harmless, and pay and reimburse, Oncoscope-AI  and its partners, co-owners, licensors, suppliers and licensees from any and all claims, including any and all claims for property damage, personal injuries and/or consequential, punitive or other damages which arise, or are alleged to have arisen, in connection with the use, operation or functioning of the Portal and/or other Services. 

  1. Term and Termination. Either party may terminate these Terms at any time. You understand that you are solely responsible for backing up any and all information that you may upload or submit to the Portal, and that upon termination for whatever reason, you will immediately discontinue use of the Portal and all other Services.  This section of the Terms, as well as any other provisions that should by their context survive, shall survive termination of these Terms for whatever reason.   

  1. Entire Agreement. These Terms of Use, the Terms and Conditions, and any other policies or notices referenced herein represent the entire agreement of the parties with respect to the subject matter hereof.  Oncoscope-AI  may, at any time and from time to time, supplement, amend, or otherwise change these Terms. Any changes to these Terms will be effective immediately upon providing notice of the changes by posting at this location. You agree to comply with and be bound by the modified Terms either (i) by continuing to use or access the Portal after receiving notice of the changes as described above or (ii) by not requesting to terminate your Portal account within seven (7) calendar days after receiving a notice of the changes as described above. 

Effective Date of Notice: September 18, 2024