Terms of Use — iXensor

Welcome to iXensor (“iXensor”, “We”, “Us”, “Our”). These Terms of Use, together with the Privacy Policy and any other documents they expressly incorporate, set forth the terms and conditions upon which you or any users you authorize under your account may access and use the products and services offered or operated by iXensor (“Products and Services”), including Products and Services provided by our third party vendors (“Terms of Use” or “Agreement”).

Please read the Terms of Use carefully before you start, or authorize any users under your account to use, our Products and Services. By registering for use of these Products and Services, you represent you are at least 18 years of age and agree to be bound by these Terms of Use on behalf of yourself and any authorized users. If you do not agree to these Terms of Use, you must not access, use or authorize use of the Products and Services.

Please check these Terms of Use periodically for changes, as every term in this agreement is subject to amendment. We reserve the right to change these Terms of Use at any time; provided, however, you have the right to reject such amendment or cancel the contract by sending the company a notice to that effect no later than 30 days following such amendment. Your continued use of the Products and Services following this 30-day period means that you agree to such changes.

Important Disclaimers

iXensor does not provide medical care services. iXensor provides technologies to help health care providers perform tests and manage their medical practices. iXensor also operates a portal wherein health care providers and patients can manage their accounts and records.
Services-Specific Terms. These Terms contain general terms that apply to all our Services, as well as certain terms that apply only to a particular Service (“Services-Specific Terms”). We may also present or post additional Services-Specific Terms through the Services. To the extent these Terms conflict with the Services-Specific Terms, the Services-Specific Terms will control.
Customer Agreements. If you are using the Services on behalf of a health care provider that is an iXensor customer (a “Provider Customer”), these Terms supplement any services agreement, business associate agreement and/or any other agreement between us and the Provider Customer (collectively, the “Customer Agreement”). To the extent these Terms conflict with any Customer Agreement, the Customer Agreement will control. If you are using the Services as an employee or other representative of a Provider Customer, you are a “Practice User” for purposes of these Terms.

Services-Specific Terms

EHR Services. We provide Provider Customers with access to and use of cloud-based electronic health records services (“EHR Services”). Generally, EHR Services are governed by the applicable Customer Agreement, and these Terms supplement that agreement.
Patient Portal. In connection with our EHR Services, we may provide a feature that enables Provider Customers to create a personalized account for patients to facilitate registration, appointment scheduling, secure messaging, bill payment and other activities. The Patient Portal is available only to patients under the active care of a Provider Customer. All communication through the Patient Portal is between you and the Provider Customer, and iXensor has no responsibility or liability for your activity and communications within the Patient Portal. If you have questions regarding cancellation of your Patient Portal account, please contact us at info@ixensor.com.

Contents

Use of the Products and Services
Activation and Registration
Term
Termination
Intellectual Property
Confidentiality
Non-Confidential Information
Content
Trademarks
Disclaimer and Limitation of Liability
Indemnity
Miscellaneous
Language

1.Use of the Products and Services

iXensor provides Products and Services to assist health checkups and data management. iXensor may use third parties, in whole or in part, to provide Products and Services. Please note, not all Products are available in all jurisdictions; please see the applicable Product and Services description to see which are available in your country. The Products and Services may be updated or discontinued from time to time.

2.Activation and Registration

You might be required to activate Products and Services before use. Some Products and Services might require you to register and provide certain information about yourself. All information we collect about you in connection with the Products and Services is subject to our Privacy Policy. By using the Products and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Upon registration, you will receive a user account that requires a username and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use your best efforts to prevent unauthorized access to, or use of, the Products and Services, and notify iXensor promptly of any such unauthorized use; and (iv) comply with all applicable local, state and federal laws in using the Products and Services.

3.Term

The term of this Agreement will begin upon your successful activation or registration of the Products and Services by iXensor and will continue until you cease using the Product or Service unless a term is otherwise set forth in the registration. For those Products or Services subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.

4.Termination

(I) iXensor reserves the right to refuse activation or registration of a user for any reason and may suspend or terminate your access to the Products and Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that iXensor determines in its discretion may have an adverse effect on iXensor or its reputation. (II) You may terminate this Agreement for convenience upon written notice to iXensor or its vendor, or through the applicable cancellation process; iXensor may terminate for convenience upon sixty (60) days’ written notice. (III) Upon termination, you will no longer have access to the Products and Services. In addition to termination, iXensor reserves the right to pursue any and all remedies available to it.

5.Intellectual Property

Except for the limited license and use rights expressly granted to you under this Agreement, all title to and the rights in the Products and Services — including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, iXensor’s or third party hardware, other technology, any derivatives of the foregoing and all associated goodwill — is the exclusive property of iXensor and/or the applicable third party.

6.Confidentiality

We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any of iXensor’s confidential information, which includes non-public information related to the Company software, documentation or information relating to pricing, discounts, this Agreement, errors in the Software, and other competitive or proprietary data (i.e., business, technical or financial information) or information a reasonable person would conclude is confidential, without iXensor’s written agreement.

7.Non-Confidential Information

Subject to any applicable terms set forth in our Privacy Policy, any other communication or material that you send to us through the Products and Services — such as questions, comments, suggestions or the like — is and will be deemed non-confidential, and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products.

8.Content

The information presented on or through the Products and Services is solely for informational and educational purposes. We make reasonable efforts to maintain current information but we cannot guarantee that the content is complete or up-to-date. We may provide access to third party content, technology or services (“Third Party Content”) as a convenience to you. iXensor does not endorse, recommend, or otherwise make any representations, warranties or conditions with respect to such Third Party Content, does not have any control or responsibility for it, and we encourage you to review the applicable third party’s terms of use and privacy policies.

9.Trademarks

Trademarks, Products and Services marks, graphics and logos used in connection with the Products and Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Products and Services are owned by iXensor, its service providers or other third parties and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Products and Services, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the Products and Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, service or medium for publication or distribution, or for any commercial enterprise, without the express prior written consent of iXensor or the applicable owner.

10.Disclaimer and Limitation of Liability

The Products and Services are provided on an “as is” basis and use of the Products and Services is at your sole risk. The company, its officers, directors, employees, agents, contractors, or third-party service providers specifically disclaim all warranties and conditions, whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, accuracy, integrity or completeness of the content or third party content, or that the products or services will be error-free or uninterrupted. No oral advice or written information given by the company or its representatives will create a warranty.

Except where prohibited by law or public policy, in no event will the company or its representatives be liable for (1) any amounts in excess of fees paid during the applicable term, or (2) indirect, incidental, special or consequential damages that result from your use of or inability to use the Products and Services, including but not limited to reliance by you on any information obtained from the Products and Services, regardless of the form of action.

11.Indemnity

You agree to defend, indemnify, and hold iXensor, its officers, directors, partners, employees, contractors, agents, licensors, suppliers and third party service vendors harmless from and against any claims, actions or demands and liabilities (including, without limitation, reasonable legal fees) alleged to result from your use of the Products and Services and third party medical devices.

12.Miscellaneous

All users agree (1) that all matters relating to access to or use of the Products and Services, including all disputes, will be governed by the laws of Taiwan, and (2) waive any objection to such jurisdiction or venue and the right to trial by jury in any judicial proceeding involving any dispute arising out of or relating to these terms and conditions or the Products and Services. The failure of iXensor to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver of any provision or right. The provisions of these Terms of Use are severable; the invalidity, in whole or in part, of any provision will not affect the validity or enforceability of any other provision. The Products and Services are not available to all persons or in all geographic locations, and any offer for any Product or Service is void where prohibited.

13.Language

The parties acknowledge that they have agreed that this agreement and all related documents be drawn up in the English language.

How To Contact Us

Please contact us using the following details:

iXensor Co., Ltd.
6F., No.9, Aly. 2, Ln. 35, Jihu Rd., Taipei City 11492, Taiwan
dpo@ixensor.com