Terms of Service
Please read these terms carefully before using Pawanax's services and solutions.
Last Updated: January 15, 2023
1. Introduction
Welcome to Pawanax. These Terms of Service ("Terms") govern your access to and use of Pawanax's website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Pawanax provides artificial intelligence solutions for healthcare applications in East Africa. Our Services are designed to assist healthcare providers in delivering care and are not intended to replace professional medical advice, diagnosis, or treatment.
2. Use of Services
2.1 Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement. 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.
2.2 Account Registration
Some of our Services require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.3 Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in any way that violates any applicable law or regulation
- Use the Services to transmit any material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
- Use the Services to collect or store personal data about other users without their consent
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose
3. Healthcare Disclaimer
Our Services are designed to assist healthcare providers in delivering care. They are not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.
The information provided by our Services is for informational purposes only. We make no representations or warranties about the accuracy, completeness, or reliability of any information provided through our Services. Any reliance you place on such information is strictly at your own risk.
4. Intellectual Property
4.1 Our Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pawanax, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 License to Use
Subject to 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. This license does not include any resale or commercial use of the Services or their contents.
4.3 Feedback
If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
5. Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using our Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.
6. Third-Party Services
The Services may contain links to third-party websites or services that are not owned or controlled by Pawanax. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pawanax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
7. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
8. Disclaimer of Warranties
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. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
IN NO EVENT SHALL PAWANAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to defend, indemnify, and hold harmless Pawanax, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@pawanax.com
Address: Kilimani Business Center, 4th Floor, Nairobi, Kenya
Phone: +254 712 345 678
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