Aumet Website Terms & Conditions
Legal Information & Notices
Introduction
1. Introduction
Welcome to Aumet (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of the Aumet healthcare technology platform, including our website, mobile applications, and any related services (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
These Terms constitute a legally binding agreement between you and Aumet. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.
Definitions
2. Definitions
“User” refers to any individual or entity that accesses or uses the Services, including healthcare providers, pharmacies, distributors, and other authorized parties.
“Account” means the user account created to access the Services, which may include personal information and authentication credentials.
“Content” includes all data, information, text, graphics, images, and other materials uploaded, posted, or otherwise made available through the Services.
“Protected Health Information” (PHI) has the meaning set forth in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.
“Subscription” refers to the paid access plan selected by the User to utilize specific features and functionalities of the Services.
Platform Access & Eligibility
3. Platform Access & Eligibility
To use our Services, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that you meet these eligibility requirements.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and that the organization agrees to be bound by these Terms.
Access to certain features of the Services may require registration for an Account. We reserve the right to refuse service, terminate Accounts, or remove or edit Content in our sole discretion.
The Services are intended for use by healthcare professionals and related entities. You agree to use the Services only for lawful purposes and in accordance with all applicable laws and regulations, including healthcare privacy and security laws.
Account Registration
4. Account Registration
To access certain features of the Services, you must register for an Account by providing accurate, current, and complete information. You agree to maintain and promptly update your Account information to keep it accurate and complete.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other security breach.
We reserve the right to suspend or terminate your Account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you breach these Terms.
Account credentials are non-transferable. You may not share your Account with others or allow others to access your Account, except as expressly permitted by your Subscription plan.
Subscription & Billing
5. Subscription & Billing
Access to certain features of the Services requires a paid Subscription. Subscription fees are charged in advance on a monthly or annual basis, depending on the plan you select. All fees are exclusive of applicable taxes unless otherwise stated.
By providing payment information, you authorize us to charge the applicable fees to your designated payment method. Subscriptions automatically renew at the end of each billing period unless you cancel prior to the renewal date.
All fees are non-refundable except as required by law or as expressly stated in these Terms. We reserve the right to modify our pricing with at least 30 days’ notice. Price changes will apply to subsequent billing periods.
If payment fails for any reason, we may suspend or terminate your access to the Services. You remain responsible for any uncollected fees and any costs incurred by us in collecting such fees, including reasonable attorney fees.
Marketplace Transactions
6. Marketplace Transactions
The Services may include a marketplace feature that enables Users to buy and sell healthcare products and services. Aumet acts as a platform facilitator and is not a party to transactions between Users.
All transactions conducted through the marketplace are subject to separate terms agreed upon between the buyer and seller. You are solely responsible for ensuring compliance with all applicable laws, regulations, and licensing requirements related to your transactions.
We do not guarantee the quality, safety, or legality of products or services offered through the marketplace. Users are responsible for conducting their own due diligence before entering into any transaction.
Aumet may charge transaction fees or commissions for marketplace transactions as specified in your Subscription plan or separately agreed upon terms. Payment processing for marketplace transactions is handled by third-party payment processors subject to their own terms and conditions.
Data Ownership & Processing
7. Data Ownership & Processing
You retain all ownership rights to Content you submit, upload, or otherwise make available through the Services. By submitting Content, you grant Aumet a worldwide, non-exclusive, royalty-free license to use, store, and process such Content solely for the purpose of providing and improving the Services.
We process personal data and PHI in accordance with our Privacy Policy and applicable data protection laws, including HIPAA and GDPR. For Users subject to HIPAA, a separate Business Associate Agreement (BAA) will be executed.
You are responsible for ensuring that you have all necessary rights and consents to submit Content to the Services and that such Content does not violate any laws, regulations, or third-party rights.
We implement appropriate technical and organizational measures to protect the security of your data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
AI Features Disclaimer
8. AI Features Disclaimer
The Services may incorporate artificial intelligence and machine learning features to provide insights, recommendations, and automation. These AI features are provided as tools to assist Users and should not be solely relied upon for critical decisions.
AI-generated insights and recommendations are not a substitute for professional judgment, clinical expertise, or medical advice. Users remain solely responsible for all decisions made based on AI-generated information.
While we strive for accuracy, AI features may produce errors, inaccuracies, or unexpected results. We do not warrant that AI features will be error-free or meet your specific requirements.
You acknowledge that AI technologies are continually evolving, and the performance of AI features may improve or change over time. We reserve the right to modify, update, or discontinue AI features at any time.
Compliance Responsibilities
9. Compliance Responsibilities
You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to HIPAA, GDPR, FDA regulations, and pharmaceutical distribution laws.
Healthcare professionals using the Services must maintain all required licenses, certifications, and permits. You agree to provide proof of such credentials upon request.
You are responsible for implementing appropriate administrative, physical, and technical safeguards to protect PHI and other sensitive data accessed through the Services, in accordance with applicable laws.
In the event of any suspected or actual data breach involving PHI or personal data, you agree to promptly notify us and cooperate with any investigation or remediation efforts. You remain responsible for any breach notification requirements under applicable law.
Service Availability
10. Service Availability
We strive to maintain a service level of 99.9% uptime on a monthly basis, excluding scheduled maintenance windows. However, we do not guarantee that the Services will be available at all times or that they will be uninterrupted, timely, secure, or error-free.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of scheduled maintenance or significant changes to the Services.
Service availability may be affected by factors beyond our control, including internet service provider failures, third-party service disruptions, or force majeure events.
In the event of extended service outages or unavailability, we may, at our sole discretion, provide service credits or other remedies as specified in your Subscription agreement or Service Level Agreement (SLA), if applicable.
Intellectual Property
11. Intellectual Property
The Services and all associated content, features, and functionality, including but not limited to software, text, graphics, logos, and trademarks, are owned by Aumet or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes during the Subscription term.
You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of the Services, except as expressly permitted by applicable law.
Any feedback, suggestions, or ideas you provide regarding the Services become the property of Aumet, and we may use such feedback without any obligation to you.
Confidentiality
12. Confidentiality
Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party in connection with the Services (“Confidential Information”).
Confidential Information includes, but is not limited to, technical data, trade secrets, business strategies, customer information, pricing, and any information marked as confidential or that would reasonably be considered confidential given the nature and circumstances of disclosure.
The receiving party agrees to use Confidential Information only for purposes related to the Services and to protect it using at least the same degree of care used to protect its own confidential information, but no less than reasonable care.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) is rightfully received from a third party without confidentiality restrictions; (c) is independently developed; or (d) must be disclosed by law or court order.
Limitation of Liability
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUMET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO AUMET IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.
Termination
14. Termination
You may terminate your Account at any time by following the cancellation process in your Account settings. Termination will be effective at the end of your current billing period, and you will not receive a refund for any unused portion of your Subscription.
We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms, engage in fraudulent activity, or if we reasonably believe your use of the Services poses a security risk.
Upon termination, your right to access and use the Services will immediately cease. We may delete your Account and Content, though we may retain certain information as required by law or for legitimate business purposes.
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
Governing Law
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and judgment on the award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
If you are a User located in the European Union, you may have additional rights under applicable EU law, and nothing in these Terms affects your statutory rights as a consumer.
Contact Information
16. Contact Information
If you have any questions about these Terms, please contact us at [email protected]. We will make every effort to resolve any concerns you may have regarding these Terms.
