Website Terms of Service

1. Acceptance, Eligibility and Scope

These Website Terms of Service (the “Terms”) are an agreement between you and Kairon Health Inc. (“Kairon,” “we,” “us,” or “our”). They govern your access to and use of the kaironhealth.com website, including its publicly available content, its contact and inquiry forms, and its publicly available interactive demonstrations (together, the “Site”). By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

The Site is intended for a business and professional audience. It is not directed to children and is not intended for personal, family or household use. You must be at least 18 years old to use the Site.

These Terms apply to the Site only. Access to and use of the Kairon Health customer platform, and of any Kairon applications, APIs, software, implementation, support or other contracted services, are governed exclusively by the separate written agreement between Kairon and the applicable customer — such as a master services agreement, subscription agreement or order form, together with a business associate agreement where applicable. Nothing in these Terms supplements, modifies, limits or otherwise governs any such agreement, and nothing in these Terms grants any right to access or use the Kairon Health platform.

2. Permitted Use of the Site

You may view, browse and use the Site for your own informational and evaluation purposes. You agree that you will not:

• use the Site for any unlawful purpose, or in violation of any applicable law or regulation;
• probe, scan or test the vulnerability of the Site, breach or circumvent any security measure, or access any system, data or area of the Site that is not publicly available;
• use automated means to scrape, crawl or harvest content from the Site, or impose an unreasonable or disproportionately large load on the Site or its infrastructure;
• interfere with or disrupt the Site, or transmit any malware or other harmful code through it;
• submit content through the Site that is unlawful, infringing, defamatory, harassing or otherwise objectionable, or that you do not have the right to submit; or
• remove, obscure or alter any proprietary notices, trademarks or attributions appearing on the Site.

We may restrict or discontinue your access to the Site at any time if we reasonably believe you have used it in a way inconsistent with these Terms.

3. Do Not Submit Health or Sensitive Personal Information

Do not submit protected health information (PHI), patient information, medical records, or any other sensitive personal information through the Site. This includes our contact and inquiry forms, any email address published on the Site, and any publicly available demonstration.

The Site is a general-purpose public website. It is not a HIPAA-regulated environment, it is not covered by any business associate agreement, and it is not an appropriate channel for health information or other sensitive data. Sensitive personal information includes, for example, Social Security numbers, financial account numbers, government identification numbers, and credentials. If you need to share such information with Kairon, contact us first so we can arrange an appropriate channel.

4. Public Demos and Informational Content

The Site may make interactive demonstrations, sample dashboards, screenshots, benchmarks and similar illustrative material publicly available. This material is provided for general informational and marketing purposes only.

Public demonstrations may use fictional, synthetic, de-identified or otherwise illustrative data. They do not contain real patient data. They may not reflect the current functionality, configuration, appearance or performance of any Kairon product, and features shown may be conceptual, in development, or unavailable.

Nothing on the Site is medical, clinical, legal, financial, tax, accounting, coding, reimbursement or other professional advice, and nothing on the Site should be relied upon in making any such decision. Any figures, outcomes or results described are illustrative and are not a prediction or guarantee of any result you would obtain.

5. Site Content, Trademarks and Feedback

The Site and its contents — including text, graphics, designs, images, video, audio, layout and the selection and arrangement of the foregoing — are owned by Kairon or its licensors and are protected by United States and international copyright, trademark and other intellectual property laws. Except as expressly permitted by these Terms or by applicable law, you may not copy, reproduce, republish, distribute, modify or create derivative works from Site content without our prior written permission. You may share links to the Site and make limited personal or internal use of publicly available materials that we offer for download, consistent with any terms accompanying them.

“Kairon,” “Kairon Health,” the Kairon logo and other Kairon marks are trademarks of Kairon Health Inc. and may not be used without our prior written permission. Other names and marks appearing on the Site are the property of their respective owners.

If you voluntarily send us suggestions, ideas, comments or other feedback through the Site, you grant Kairon a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation or compensation to you. Please do not send us information you consider confidential through the Site.

6. Third-Party Links, Privacy and Cookies

The Site may link to websites and services operated by third parties. We do not control those websites and are not responsible for their content, availability, security or practices. Links are provided for convenience and do not imply endorsement. Your use of a third-party website is governed by that third party’s own terms and privacy policy.

For information about how we handle personal information collected through the Site, and about the cookies and similar technologies the Site uses, please see our Privacy Statement and our Cookie Policy. Those documents are provided for information and are separate from these Terms.

7. Disclaimers and Limitation of Liability

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAIRON DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. KAIRON DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, SECURE, CURRENT OR ACCURATE, AND MAKES NO COMMITMENT REGARDING THE AVAILABILITY, SECURITY OR PERFORMANCE OF THE SITE.

These Terms make no representation, warranty or commitment of any kind concerning the Kairon Health platform or any contracted service, including any commitment regarding HIPAA or other regulatory compliance, security, service levels, availability, data processing or customer support. Any such commitment exists only if and to the extent it is set out in a written customer agreement signed by Kairon.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KAIRON NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAIRON’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted by law.

8. Changes to the Site and These Terms

We may change, suspend or discontinue any part of the Site at any time, including any publicly available demonstration, without notice. We may also update these Terms from time to time. When we do, we will revise the Effective Date at the top of this page. Changes take effect when posted. Your continued use of the Site after a change becomes effective constitutes acceptance of the revised Terms. If you do not agree to a change, please stop using the Site.

9. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

Except for the carve-outs below, any dispute, claim or controversy arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Wilmington, Delaware, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Disputes will be arbitrated only on an individual basis. You and Kairon each waive any right to bring or participate in a class, collective, consolidated or representative action. If this waiver is found unenforceable as to a particular claim, that claim will be severed from arbitration and heard in court.

Carve-outs. Either party may (a) bring an individual action in small claims court, and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property. For any dispute not subject to arbitration, you and Kairon consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.

10. General

These Terms are the entire agreement between you and Kairon regarding the Site, and supersede any prior or contemporaneous understandings on that subject. They do not affect, and are superseded by, any written customer agreement with respect to the subject matter of that agreement. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization or sale of assets. There are no third-party beneficiaries to these Terms. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. The Site is controlled and operated from the United States; if you access it from elsewhere, you are responsible for compliance with local law.

Contact

Questions about these Terms can be directed to:

Kairon Health Inc.
11 Park Place, Fl 3
New York, NY 10007
help@kaironhealth.com
https://www.kaironhealth.com/contact