End User Licence Agreement and Privacy Policy
Last Updated: January 8th, 2025
This End User Licence Agreement ("Agreement") is a legal agreement between ANI.ML Health Inc. ("Vendor") and you ("Licensee") for the use of Hachiko on the ANI.ML Health Platform ("Software"). By registering for or using the Software, you agree to be bound by the terms of this Agreement.
1. Licence
1.1 Grant of Licence: The Vendor grants the Licensee a non-exclusive, non-transferable licence ("Licence") to access and use the Software for the Licensee’s internal business purposes. This Licence is solely for the Licensee’s use and cannot be shared or used by third parties.
1.2 Scope of Use: The Licence permits use of the Software on a site basis, limited to the Licensee's physical or virtual location. This excludes sublicensing, distribution, or making the Software available to third parties without the Vendor's express consent.
1.3 Restrictions: The Licensee may not modify, reverse-engineer, decompile, disassemble, or create derivative works from the Software. Breach of these terms constitutes a material breach of this Agreement.
2. Intellectual Property
2.1 Ownership: Title, copyright, and all intellectual property rights in the Software remain with the Vendor. The Software is licensed, not sold.
2.2 Prohibition of Copying and Distribution: Licensees may not copy, distribute, or sublicense the Software. Unauthorized use or reproduction constitutes a violation of intellectual property rights.
3. Licence Fee
3.1 Payment Terms: Licensees agree to pay all fees as per the agreed pricing model. Fees for consulting services will be charged per consult.
3.2 Non-refundable: All fees are non-refundable unless required by applicable law.
4. Use of Clinical Data
4.1 Data Usage: The Vendor uses anonymized clinical record data to develop and improve tools for veterinary healthcare teams. These data remain the property of the Vendor.
4.2 Anonymization and Compliance: All clinical records are anonymized and stored in HIPAA-compliant storage solutions. No identifiable information will be shared or disclosed to third parties.
4.3 AI Recommendations Disclaimer: The Software provides AI-generated summaries to assist clinicians. These summaries are tools to support, not replace, clinicians' review of case history and decision-making.
5. Limitation of Liability
5.1 "As Is" Provision: The Software is provided "as is" without warranty of any kind.
5.2 Exclusion of Damages: The Vendor is not liable for indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities.
5.3 Data Responsibility: The Licensee is responsible for securing their own systems, maintaining backups, and ensuring data security.
5.4 Medical Review Responsibility: The Licensee acknowledges that while the Software is designed to assist with clinical workflows, it may produce errors or incomplete outputs. The Licensee agrees to conduct a thorough review of all clinical records and independently verify the information generated by the Software. Clinical decisions must be based on the complete case history, physical examinations, and professional judgment.
6. Warranties and Representations
6.1 Vendor’s Warranty: The Vendor warrants its right to license the Software and asserts the Software does not infringe on third-party intellectual property.
6.2 Service Availability: The Vendor does not guarantee uninterrupted or error-free availability of the Software.
7. Acceptance
7.1 Electronic Acceptance: Registration or use of the Software constitutes acceptance of this Agreement.
8. Term and Termination
8.1 Term: The Agreement remains effective until terminated by either party.
8.2 Termination by Licensee: The Licensee may terminate the Agreement with 30 days’ written notice.
8.3 Termination by Vendor: The Vendor may terminate the Agreement for non-compliance or material breach.
8.4 Effects of Termination: Upon termination, the Licensee must stop using the Software and destroy all copies.
9. Force Majeure
9.1 Events: The Vendor is not liable for delays or failures due to causes beyond its control, such as natural disasters, war, or other unforeseen events.
10. Governing Law
10.1 Jurisdiction: This Agreement is governed by the laws of Ontario, Canada, with disputes resolved in Ontario courts.
11. Miscellaneous
11.1 Amendments: Changes require written agreement by both parties.
11.2 Relationship: No agency, partnership, or joint venture is created by this Agreement.
11.3 Severability: Invalid provisions are reduced in scope to remain enforceable, with remaining terms unaffected.
11.4 Entire Agreement: This document supersedes all prior agreements.
11.5 Successors and Assigns: This Agreement binds the Vendor’s successors and assigns.
12. Notices
12.1 Vendor Address: Notices should be sent to ANI.ML Health Inc., 167 Major Street, Toronto, Ontario, M5S 2K9.
Privacy Policy
Collection and Use of Information
Personal Information: We collect information you provide during registration and use of the Software, including name, contact information, and payment details.
Clinical Data: All clinical data uploaded to the Software is anonymized and used solely for improving our tools and services.
Cookies and Analytics: The Software uses cookies to enhance user experience and track usage for analytics purposes.
Data Sharing
Third-Party Vendors: We may share anonymized data with third-party service providers to maintain and improve the Software.
Legal Obligations: We may disclose information if required by law or to protect our rights.
Data Security
Protection Measures: We employ encryption, secure storage solutions, and access controls to protect your data.
User Responsibility: Users are responsible for maintaining secure access credentials.
Data Retention
Duration: Data is retained only as necessary to fulfill the purposes outlined or as required by law.
User Rights
Access and Deletion: Users may request access to or deletion of their personal data by contacting us.
Contact
Questions regarding privacy can be directed to we.care@animl.health