PLEASE READ THIS CASEMARK AI BETA TESTER END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE PARTICIPATING AS A BETA TESTER FOR THE MEDICAL RECORDS SUMMARIES, OR ANY OTHER EXPERIMENTAL SUMMARIES DEVELOPED BY CASEMARK AI, INC.
This EULA is entered into between CaseMark AI, Inc., a Delaware corporation ("CaseMark"), and you (“You” or “you”). This EULA governs your access and use of certain products and related services, specifically the Medical Records Summaries ("MRS") developed by CaseMark. Further description and related details of the MRS may be provided to you at the time you access or engage with the MRS. if you do not accept all the terms of this EULA, then you may not use the EULA.
MRS TESTING PROGRAM
- Participation: By clicking “ACCEPT”, you agree to participate in the testing program for the MRS developed by CaseMark. This EULA governs your use and access to the MRS during the beta testing phase, which shall include, without limitation, all modifications, enhancements, improvements updates, additions, derivative works, documentation and related materials thereof.
AS A BETA TESTER, YOU SHOULD CAREFULLY READ THE FOLLOWING BETA TEST TERMS OF THIS EULA. CLICKING “ACCEPT” INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AND ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND CASEMARK. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE MRS OR PARTICIPATE IN THE BETA PROGRAM.
- Terms of Service. Your access and use of the MRS is subject to this EULA, as well as CaseMark’s terms of use, located at https://www.casemark.com/terms-of-service as amended by CaseMark from time to time (the “TOS”). The TOS are hereby incorporated by reference in this EULA. In the event of any inconsistency between this EULA and the TOS, this EULA will control.
- Privacy Policy. Any data collected pursuant to your use of the MRS will be treated in accordance with CaseMark’s Privacy Policy, located at https://www.casemark.com/privacy-policy as amended by CaseMark from time to time (the “Privacy Policy”). The Privacy Policy is hereby incorporated by reference into this EULA.
LICENSE GRANT
2.1. License: Subject to your compliance with this EULA, CaseMark grants you a personal, non-exclusive, non-transferable, limited, revocable license to install, access, and use the MRS for the sole purpose of testing, evaluating, and providing feedback during the beta testing phase.
2.2. Restrictions: You shall not: a) Modify, adapt, or create derivative works of the MRS; b) Reverse engineer, decompile, or disassemble the MRS; c) Remove or alter any proprietary notices or labels on the MRS; d) Use the MRS for any illegal, unauthorized, or prohibited purposes; or e) Share, distribute, or sublicense the MRS to any third party without prior written consent from CaseMark. Unless otherwise permitted in any other section of this EULA, you hereby represent that your use of the MRS will only be used for testing and evaluation purposes, and will not be rented, leased, sublicense, assigned, distributed or otherwise transferred. CaseMark retains ownership of the MRS and all accompanying Confidential Information (as defined below) and all other propriety and intellectual property rights of the MRS, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any CaseMark Confidential Information or intellectual property.
CONFIDENTIALITY
3.1. Confidential Information: You understand and acknowledge that the MRS and any related materials (including the nature and existence of the MRS, features, functionality, screen shots, etc.), and any information disclosed to you by CaseMark in connection with this EULA, including but not limited to design, specifications, documentation, and communications, contain valuable proprietary information and trade secrets of CaseMark and shall be considered the proprietary and confidential information fo CaseMark (collectively, the "Confidential Information"). Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by CaseMark, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by CaseMark and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this EULA. All Confidential Information remains the sole property of CaseMark and you have no implied licenses or other rights in the Confidential Information not specified in this EULA.
3.2. Non-Disclosure: Except as expressly permitted in this EULA, you agree to maintain the confidentiality of the Confidential Information and not to disclose, distribute, or reproduce it, in whole or in part, without the prior written consent of CaseMark. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the MRS to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in this EULA. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of CaseMark in each instance. You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to CaseMark that may be difficult to ascertain. Accordingly, you agree that CaseMark will have the right to seek immediate injunctive relief to enforce obligations under this EULA in addition to any other rights and remedies it may have. This obligation shall continue indefinitely, even after the termination of this EULA.
DISCLAIMER OF WARRANTY
4.1. Beta Version: You understand and acknowledge that the MRS is a beta version and may contain errors, defects, or other issues. THE MRS IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS EULA, YOU EXPRESSLY ACKNOWLEDGE THAT THE MRS IS CURRENTLY IN BETA PHASE OF DEVELOPMENT AND IS NOT AT A LEVEL OF FUNCTIONALITY, PERFORMANCE, SECURITY OR COMPATIBILITY OF A COMMERCIAL PRODUCTION-LEVEL PRODUCT OR SERVICE AND MAY HAVE DEFECT OR DEFICIENCIES WHICH CANNOT OR MAY NOT BE CORRECTED BY CASEMARK. IN NO EVENT SHALL CASEMARK BE LIABILE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MRS, EVEN IF CASEMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACKNOWLEDGMENT OF BETA PRODUCT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE MRS IS NOT AN OFFICIAL PRODUCT AND HAS NOT BEEN COMMERCIALLY RELEASED FOR SALE BY CASEMARK; (B) THE MRS MAY NOT OPERATE PROPERLY, BE IN FINAL FORM OR FULLY FUNCTIONAL; (C) THE MRS MAY CONTAIN ERRORS, DESIGN FLAWS OR OTHER PROBLEMS; (D) IT MAY NOT BE POSSIBLE TO MAKE THE MRS FULLY FUNCTIONAL; (E) THE INFORMATION OBTAINED USING THE MRS MAY NOT BE ACCURATE AND MAY NOT ACCURATELY CORRESPOND TO INFORMATION EXTRACTED FROM ANY DATABASE OR OTHER SOURCE; (F) USE OF THE MRS MAY RESULT IN UNEXPECTED RESULTS, LOSS OF DATA OR COMMUNICATIONS, PROJECT DELAYS OR OTHER UNPREDICTABLE DAMAGE OR LOSS; (G) CASEMARK IS UNDER NO OBLIGATION TO RELEASE A COMMERCIAL VERSION OF THE MRS; AND (H) CASEMAR HAS THE RIGHT UNILATERALLY TO ABANDON DEVELOPMENT OF THE MRS, AT ANY TIME AND WITHOUT ANY OBLIGATION OR LIABILITY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU SHOULD NOT RELY ON THE MRS FOR ANY REASON. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND PROTECTING ALL DATA AND INFORMATION THAT IS RETRIEVED, EXTRACTED, TRANSFORMED, LOADED, STORED OR OTHERWISE PROCESSED BY THE MRS. YOU WILL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES REQUIRED TO BACKUP AND RESTORE ANY DATA AND INFORMATION THAT IS LOST OR CORRUPTED AS A RESULT OF YOUR USE OF THE MRS.
YOU ACCEPT THE SOFTWARE "AS IS," AND CASEMARK (AND ITS AFFILIATES, THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASEMARK DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
4.2. No Support: CaseMark shall have no obligation to provide technical support, maintenance, or updates for the MRS during the beta testing phase.
LIMITATION OF LIABILITY
5.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT CASEMARK BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE MRS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE MRS AND/OR ANY OTHER CONFIDENTIAL INFORMATION, AND/OR CASEMARK’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS EULA, EVEN IF CASEMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CASEMARK’S ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED IN ANY SINGLE EVENT OR IN THE AGGREGATE TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.2. Indemnification: You agree to indemnify, defend, and hold harmless CaseMark and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the MRS or any breach by you of this EULA.
TERM AND TERMINATION
6.1. Term: This EULA shall remain in effect until terminated by either party.
6.2. Termination: CaseMark may terminate this EULA, or to limit or deny access to the MRS and your use thereof, at any time, in its sole discretion, for any reason, without or without notice and without liability to you. You may terminate this EULA by ceasing to use the MRS and deleting all copies thereof.
6.3. Survival: Sections 3 (Confidentiality), 4 (Disclaimer of Warranty), 5 (Limitation of Liability), 6.3 (Survival), and 7 (General) shall survive the termination of this EULA.
GENERAL
7.1. Entire Agreement: This EULA (together with the TOS and Privacy Policy) constitutes the entire agreement between you and CaseMark concerning the subject matter herein and supersedes all prior or contemporaneous oral or written agreements, understandings, or representation.
7.2. Governing Law: This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles
7.3. Dispute Resolution: Any dispute arising out of or in connection with this EULA shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved amicably, it shall be submitted to the exclusive jurisdiction of the courts of the Multnomah County in the State of Oregon.
7.4. Severability: If any provision of this EULA is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the other provisions of this EULA will remain in full force and effect and enforceable to the fullest extent permitted by law.
7.5. Assignment: You may not assign or transfer any rights or obligations under this EULA, by operation of law or otherwise, without the prior written consent of CaseMark. Any attempt by you to assign or transfer this EULA, without such consent, will be null and of no force or effect. CaseMark may freely assign or transfer this EULA without restriction. This EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
7.6. Waiver; Remedies: The failure of either party to enforce any right or provision of this EULA shall not be deemed a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of CaseMark. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
7.7. Contact Information: If you have any questions or need to contact CaseMark regarding this EULA, please contact team@casemark.com
BY CLICKING “ACCEPT” AND USING THE MRS, YOU ACKNOLWEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.
1. Introduction
Welcome to CaseMark AI, Inc. (“Company”, “we”, “our”, “us”)! These Terms of Service (the “Terms” or “Terms of Service”) govern your (“you”, “customer,” “subscriber”) use of our platform for legal tech services (the “Service” or “Platform”) accessible at https://casemark.com. (the “Site”).
These Terms of Service apply to your use of the Site, Services and products of CaseMark AI, Inc., during trial periods, proof of concepts and ongoing usage, and form any agreement between you and the Company. Our Software as a Service (SaaS) agreement or enterprise agreement between you and the Company may also govern the use of certain of our subscription services and are considered an additional supplement to these Terms.
2. Acceptance of these Terms; Access to the Site and Service.
By accessing and using our Service through the Site, you agree to be bound by these Terms and our Privacy Policy. In addition to these Terms, you must also comply with any applicable last and any other policies or guidelines related to the Service and Platform we make available for you. If you disagree with any part of the Terms or such policies, then you may not access the Service.
Your rights to use and access the Site and Service are subject to the following restrictions: (a) you may not use the Service or Platform for any illegal, harmful or abusive activity; (b) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site except as provided in these Terms; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site except as provided in these Terms or any other agreement between you and the Company; (d) you shall not access the Site in order to build a similar or competitive website, product, or service; (e) you shall not use the Service or Platform in a way that infringes, misappropriates or violates the rights of any third party; (f) except as expressly stated in these Terms or pursuant to any written agreement between you and the Company, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (g) represent any Output Data was human-generated when it was not; or (h) interfere or disrupt the Service or Platform. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
3. Content
User Content. You may provide information to the Service including information, data and any other content you may upload, post, input, submit or use with the Site (“User Data”), and receive output from the Service based on such User Data (the “Output Data” and, together with the User Data, the “Content”). You are solely responsible for all User Data, and assume all risks associated with use of such User Data. You hereby represent and warrant to us that you have all rights, licenses and/or permissions to use and input the User Data into the Platform. Subject to any applicable laws, you retain your ownership in and to the User Data and any interest in and to the Output Data. You grant us a worldwide, royalty-free, and non-exclusive license to copy, distribute, and display User Data only for the purpose of providing the Service. We do not use your data to train our AI models or to sell to third-parties.
Content Accuracy. Due to the evolving nature of artificial intelligence and machine learning, the use of the Service and Platform may result in Output Data that does not accurately reflect people, places or facts, and should be checked for accuracy. Prior to relying on Output Data, you should review and evaluate the Output Data for accuracy, incorrectness, completeness and offensiveness; such incomplete, incorrect or offensive Output Data shall not be deemed to be representative of any views of the Company. Output Data may reference third parties, including third party products or services, but such reference should not be interpreted to mean that such third party endorses or is affiliated with the Company. We are continuously updated and improving the Service to ensure reliability and accuracy.
Our Ownership Rights. We and our affiliates own all rights, title and interest in and to the Service and the Platform, including all intellectual property rights, copyrights, patent, trademarks and trade secrets. Neither these Terms nor your access to the Site, Platform or Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except as expressly granted in these Terms.
Data Retention and Deletion. We retain customer data for a period of 30 days. After this period, all customer data will be permanently deleted from our systems. Exceptions can be made for enterprise customers who may require extended data retention periods. Enterprise customers should contact us to learn more about these accommodations.
4. Accounts and Access
Registration. To use our Service, you may need to create an account, which requires you to provide accurate and complete information and keep your account information updated. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. If you are creating an account on behalf of another person or entity, you are representing to us that you have the authority to access the Site, Platform and Service and accept these Terms on their behalf. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to immediately notify us of any unauthorized (or suspected unauthorized) use of your account.
Age. You must be at least 18 years of age to use the Service. If you are under 18 years of age, you are not permitted to use the Service, access the Site or Platform, or register for an account.
5. License and Restrictions
Subject to these Terms, we grant you a non-exclusive, non-transferable, and limited right to access and use our Service. You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Service. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service.
6. Billing and Payment
Payment can be made through a valid credit card or debit card and are subject to validation checks and authorization by Your card issuer. All payments due are in U.S. dollars.
Company will bill Customer in advance for use of the Service in the amount and on the frequency indicated in the purchase or Subscription. All prepaid amounts are non-refundable. Customer agrees to maintain valid and up-to-date credit-card billing information on file with the Company. Customer will pay all reasonable expenses incurred by the Company in collecting late payments, including attorneys' fees. Company may suspend or downgrade Customer's account if fees are not paid when due.
Refunds and Cancellations
CaseMark offers monthly and annual subscriptions to access our platform Services, as well as Pay As You Go pricing (Pay Go).
Monthly subscriptions are for a term of 30 days and may be canceled prior to the 29th day of each Service term. Such subscription is subject to these Terms and the applicable subscription agreement between You and the Company.
Annual subscriptions are for a year, and are offered at a 20% discount. Annual subscriptions may be canceled at any time, but refunds are not offered.
You may cancel your Subscription at any time by contacting us at support@casemark.ai. You will not receive a refund for the fees you already paid for your current Subscription period. You will be able to access the Service until the end of your current subscription period. Such subscription is subject to these Terms and the applicable subscription agreement between You and the Company.
Pay-As-You-Go (Pay-Go) pricing: Pay-As-You-Go supports the immediate purchase of a specific Service such as a Summary, at a stated price. Pay-Go does not include access to CaseMark platform features. There are no refunds on Pay-Go purchases.
Free Trials, Promotions and Proof of Concepts. Any Free Trials, Promotions, or Proof of Concepts made available through the Service are governed by these Terms of Service.
Changes. The prices, features, and options of the Services depend on the Subscription selected by the Customer. Company has the right to adjust the prices, features, or options included in the Paid Customer Services, provided that the changes shall not take effect until the next Term. Company informs the Paid Customer of any changes in the prices, features, or options for the subsequent renewal by a written notice no later than 60 days prior to the end of the previous Term.
Reliability. Company does not offer any specific uptime guarantee for the Services. The Services are not intended to be reliable or available 100% of the time, or error-free. In addition, proper functioning of the Services depends on connectivity, internet connection, network, and other infrastructure which the Company is not responsible for. Company shall not be responsible for such interruptions and any consequences thereof. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. Customer agrees that it will not be entitled to any refund or rebate for such suspensions.
Any customers on an Enterprise or other subscription model remain subject to these terms, in addition to the applicable Enterprise agreement between the Company and such customers.
7. Privacy; Third Party Services.
Your privacy is important to us. Please read our Privacy Policy for information about how we collect, use, and disclose your personal information. The Service, Platform or Site, may include third party vendors and hosting partners which provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Such third party services and third party output are subject to their own terms and we are not responsible for them.
8. Data Protection and Security
We implement security measures designed to protect your data from unauthorized access, disclosure, or accidental loss or destruction of your personal information, username, password, transaction information, and data stored on our Service. However, we cannot guarantee absolute security.
9. Copyright Policy
If you believe that your intellectual property rights have been infringed please send notice to the address below. We reserve the right to disable, delete or terminate any accounts or content that we, in our sole discretion, believe violates these Terms or is alleged to infringe on the rights of others.
If providing a written claim, please include: (a) a description of the copyrighted work subject to such claim, (b) a description of where the allegedly infringing material is located on the Platform, (c) contact information including address, telephone number, email address associated with your account, (d) a statement that (I) your claim is accurate and, under penalty of perjury, that you are the copyright holder or authorized to act on such copyright holder’s behalf; and (II) the claim is made on the good-faith believe that the use is not authorized, and (e) you physical or electronic signature.
You can contact us at support@casemark.com or CaseMark AI Inc., 500 SW 116th Ave Suite 110, Portland, OR 97225
10. Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, the following:
- Your breach of the Terms or any other policy provided to you by the Company;
- To comply with any applicable laws;
- Your use poses risk to us or any third party;
- The expiration or any business account or subscription pursuant to any agreement between you and the Company; or
- Your delinquency in payment of any fees due on your account.
If you believe your account has been terminated in error, you can contact us at support@casemark.com.
11. Limitation of Liability; Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, PLATFORM OR SERVICE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE SITE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, INCLUDING ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
To the extent any country or state does not allow the disclaimer of certain warranties, some or all of the terms in this section may not apply to you or your use of the Service, and you may have additional rights. In such case, the Terms shall limit our responsibilities to the maximum extent permissible in your country or state of residence.
THE COMPANY’S SUPPLIER, LICENSORS, DISTRIBUTORS AND AFFILIATES SHALL BE CONSIDERED THIRD PARTY BENEFICIARIES OF THIS SECTION.
12. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions.
You and the Company hereby agree to try to resolve any disputes prior to taking any formal legal actions against the other party. Any claim or dispute arising from your access and use of the Site, Platform or Service shall be resolved in the United States District Court for the District of Oregon, and you submit to the personal and exclusive jurisdiction thereof, and waive any venue or jurisdiction objections against such courts; provided, however, that in the event of your or other’s unauthorized access or use of the Site or its content in violation of these Terms or any agreement between you and the Company, you agree that we are entitled to apply for injunctive remedies in any jurisdiction.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold CaseMark AI, Inc., our affiliates, officers, employees and agents, harmless, from and against any costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) from any claim or demand made by any third party due to or arising out of or related to (a) your use of the Site, Content, Platform or Service, (b) your User Data, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations.
14. General
Changes to these Terms. We may update these Terms and our Services from time to time as our Services develop and improve. If possible, we will try to give you advanced notice of any changes to these Terms and Conditions. All changes will be effective as soon as they are posted to the Site. If you do not agree to the changes to these Terms, you must stop using the Service and contact us to terminate your account.
Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign our rights and obligations under these Terms to any affiliate, subsidiary or successor in interest freely and without your consent. Any assignment in violation of this section will be void.
Enforcement. Failure to enforce any provision of these Terms shall not be considered a waiver thereof. If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and will not effect the enforceability of any other provisions herein.
Geographic Restrictions
The owner of the Service and Website is based in the state of Oregon in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to terminate service to any users located outside the United States.
EU Privacy Laws. The services are currently offered to United States citizens only. You should refer to our privacy policy to review how we use your personal information. By using our Service You agree that You will not transfer to Company any Customer Data that contains personal data of a person subject to the European Union General Data Protection Regulation without the Company’s consent and review.
Feedback
In the event that you provide CaseMark with any feedback, suggestions, ideas or improvements with respect to any aspect of our Services, CaseMark shall own such feedback without compensation to you, attribution of any kind, or any other obligation to you. You hereby acknowledge the Company’s ownership of such feedback and relinquish all rights (including all intellectual property rights) to such feedback.
No Legal Advice
Company does not provide legal advice and is not engaged in the practice of law. The content provided in our services including any text generated through our artificial intelligence tools is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship between You and the Company. Our services do not cover all legal situations and we recommend you seek legal advice from a qualified attorney licensed in your jurisdiction.
Publicity
Each party shall be entitled to use the name of the other party for advertising on its website and marketing materials, unless the other party has provided written notice stating otherwise. Customer’s public identification of Company, marketing or promotion of the Services shall be subject to Company’s prior written approval and shall at all times comply with Company’s trademarks usage guidelines.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us at support@casemark.com
1. Introduction
Welcome to CaseMark AI, Inc. (“Company”, “we”, “our”, “us”)! This Privacy Policy explains how we collect, use, disclose, and safeguard Personal Information when you use our website, applications, software-as-a-service platform (“Service” or “Platform”) accessible at https://casemark.com and our products including CaseMark Workflow and CaseMark Productivity.
2. The Data We Collect
We collect personal Information relating to you and your use (“Personal Information”) as follows:
- Personal Information: We may collect Personal Information that you voluntarily provide to us such as name, contact information, and any other personal information you choose to provide. If you create an account to use our Service, we will collect information associated with your account including your name, contact information and email address, payment information and history of transactions (collectively, “Account Information”). If you communicate with us, we will collect contact information, your name and the contents of any messages sent.
- Analytical or Technical Information: We may automatically collect certain non-personal information about you when you access our Service, such as your IP address, device and browser type, operating system, access times, pages viewed, and the web page that referred you to our Service (the “Technical Information”). This may also include:some text
- Information automatically sent by your browser or device when you use the Services including IP address, browser and device settings.
- Types of content you view or engage with, features you use, time zone, country, dates of access, type of device and connection.
- Name of your device and operating system, browsers in use, and the settings of the device you are using.
- We may use online analytics products that use cookies (see below) to assist in analyzing how you and other users use the Service.
- Cookies: We may use cookies to administer the Services and operate our website(s). “Cookies” are small files of information that a web server generates and send to a web browser when you visit a website. You can set your cookie settings to accept or reject cookies or notify you when a cookie is offered. If you refuse any cookies, there may be situations which preclude you from using or fully accessing websites or their features.
- Client Data: When you use our Service, we collect Personal Information that is included in any information you upload, provide, or create while using the Service.
- Other Information Provided to Us: We collect information you may provide, including when you participate in any surveys or provide us with any information to establish your identity.
3. How We Use Your Information
We use the Person Information we collect to:
- Operate, maintain, and improve our Service.
- Analyze trends and monitor usage and activity in connection with our Service.
- Detect, investigate, and prevent fraudulent transactions, abuse, and security issues.
- To respond to your comments, questions, and customer service requests.
- To comply with legal requirements and legal processes to protect our rights, privacy and safety, and/or that of our affiliates, you or other third parties.
4. How We Share Your Information
We may share the information we collect as follows:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- In response to a request for information if we believe disclosure is required by, or is in accordance with, any applicable law or legal process, including lawful requests by public authorities.
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Company or others.
- To enforce our Terms of Service and other agreements between you and the Company, including for billing or collection purposes.
- In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company we may disclose a business relationship but never the private customer data uploaded to the Service or Platform.
5. Security of Your Information
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Service or our website.
6. Your Privacy Rights
Depending on your location and where applicable law requires, you may have rights with regard to the Personal Information we collect about you. We strive to provide you with choices regarding Personal Information you provide to us, and have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.
- Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own products or services, you can opt-out by sending us an email stating your request to support@casemark.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
We do not control third parties' collection or use of your Personal Information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI’s website located at https://thenai.org/opt-out/.
Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights below for more information.
Accessing and Correcting Your Information
You can review and change your personal information by logging into your account. You may also send us an email at support@casemark.com to request access to, correct, or delete any Personal Information that you have provided to us. We may not be able to delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Proper access and use of information provided on the Website, including contribution of information by our users is governed by our Terms of Service.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.
California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:
- Confirm whether we process their Personal Information.
- Access and delete certain Personal Information.
- Correct inaccuracies in their Personal Information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
- Data portability.
- Opt-out of personal data processing for: (A) targeted advertising (excluding Iowa); (B) sales; or (C) profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
- Either limit (opt-out of) or require consent to process sensitive personal data.
The exact scope of these rights may vary by state. To exercise any of these rights please email us at support@casemark.com.
Nevada provides its residents with a limited right to opt-out of certain Personal Information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@casemark.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.
7. Minors.
Our Service is not directed to anyone under the age of 18. We do not knowingly collect Personal Information from anyone under the age of 18. If you have reason to believe that a person under the age of 18 has provided Personal Information to us the Service, please email us at support@casemark.com. We will investigate and delete such Personal Information from our systems where appropriate. If you are under 18 years of age, you are not permitted to use the Service.
8. Links to Other Websites.
The Service may contain links to other websites which are not controlled or operating by us (each, a “Third Party Site”). The information (including Personal Information) shared with a Third Party Site shall be governed by the privacy policies and terms of such Third Party and not this policy or our Terms of Service. Provision of these links does not include endorsement of any Third Party Sites or third parties. Any information about third party privacy policies and practices should be requested directly from such third parties.
9. International Users of the Service.
By using the Service, you understand and acknowledge that your Personal Information will be processed and stored in our facilities and servers which may be located in the United States. Your Personal Information may be disclosed to our service providers, contractors and affiliates in other jurisdictions.
We maintain the following legal bases for processing your Personal Information:
- Compliance with our legal obligations when we use your Personal Information to comply with applicable law or when we protect our or our affiliates’, users’, or third parties’ rights, safety, and property.
- Performance of a contract with you when we provide and maintain our Services. When we process account information, Personal Information or technical information solely to provide the Service to you, this information is necessary to be able to provide the Service. If you do not provide this information, we may not be able to provide our Service to you.
- Our legitimate interests in protecting our Services from abuse, fraud, or security risks, or in developing, improving, or promoting our Service.
- Your consent when we ask for your consent to process your Personal Information for a specific purpose that we communicate to you. You have the right to withdraw your consent at any time.
Where required, we will use all appropriate safeguards for transferring your Personal Information outside of certain countries and only pursuant to legally valid transfer mechanisms.
You can contact our data protection officer at any time at support@casemark.com related to any Personal Information processing.
10. Governing Law
This Privacy Policy shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.
11. Changes to this Privacy Policy
We may update this Privacy Policy from time to time and will post an updated version on this page unless another type of notice is required by applicable law. Any changes to this Privacy Policy shall be in effect as of the date it is posted.
