Exponential Open Science (hereinafter "EOS"), provides users app-based services that leverage artificial intelligence technologies to assist in reviewing, organizing, summarizing, and analyzing medical and scientific research materials for informational and research purposes only (the "Service").
These Terms and Conditions, as amended or modified from time to time by EOS in its sole discretion in accordance with the terms hereof ("Terms") and applicable supplements thereto (collectively the "Agreement") is between you ("User"), and EOS (together, the "Parties"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. Unless otherwise provided herein, these Terms remain in effect for the entire duration of your License or other use of the Service, unless earlier terminated in accordance with these Terms. We may suspend or terminate your access to the Service at any time in accordance with these Terms.
EOS reserves the right, in its sole and absolute discretion, to suspend, restrict, disable, or terminate User's access to or use of the Service, in whole or in part, at any time and for any reason or no reason, with or without notice and without liability to you or any third party. EOS may terminate or suspend access if it believes you have violated this Agree, applicable law, the rights of any third party, or engaged in conduct that could harm the Service, other users, or the Company's operations, reputation, or security. We also reserve the right to modify, discontinue, or remove the Service or any portion thereof at any time without notice or liability. Sections of these Terms and Conditions which by their nature should survive termination shall survive, including without limitation provisions relating to disclaimers, limitations of liability, indemnification, intellectual property, dispute resolution, and governing law.
The Service may access, display, summarize, organize, analyze, or otherwise make available information, materials, data, publications, articles, research papers, studies, abstracts, links, and other content originating from third-party sources ("Third-Party Content"). Third-Party Content is provided solely for general informational and research purposes and remains the property of its respective owners, authors, publishers, or licensors. The Company does not own, control, endorse, verify, monitor, or assume responsibility for any Third-Party Content made available through the Service.
The Company makes no representations or warranties regarding the accuracy, completeness, reliability, legality, quality, timeliness, availability, or usefulness of any Third-Party Content. Third-Party Content may contain inaccuracies, errors, omissions, outdated information, biased conclusions, or content that is incomplete or unsuitable for a user's intended purpose. Your reliance on any Third-Party Content is solely at your own risk. You are solely responsible for independently reviewing, evaluating, and verifying any information obtained through the Service before relying on or using such information for any purpose.
The Service may utilize artificial intelligence, machine learning models, automated algorithms, and related technologies to generate, organize, summarize, categorize, analyze, and present information and outputs ("AI Outputs"). EOS does not warrant or guarantee the accuracy, completeness, reliability, legality, quality, or suitability of any AI Outputs or that the Service will operate without interruption, errors, or inaccuracies. The Service is not intended to replace independent research, professional judgment, peer review, or consultation with qualified professionals. You acknowledge and agree that you are solely responsible for independently reviewing and verifying all AI Outputs and any information obtained through the Service before relying upon, publishing, sharing, applying, or using such information. You further acknowledge that use of the Service and reliance on AI Outputs is entirely at your own risk.
The Service, including without limitation the application, software, algorithms, artificial intelligence tools, functionality, design, text, graphics, logos, trademarks, and all related content and technology, is owned by or licensed by EOS. Except as expressly permitted in these Terms, you may not copy, reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, scrape, sell, sublicense, exploit, or otherwise use any portion of the Service or its content without the Company's prior written consent. All rights not expressly granted herein are reserved by the Company and its licensors.
User acknowledges and agrees that all content provided by the Service is made available for informational and educational purposes only without representation or warranty of any kind. EOS's Privacy Policy, available for review here: Privacy Policy.
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Service or any violation of these Terms.
EOS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY SERVICES OR OBLIGATIONS ARISING UNDER THIS AGREEMENT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. FROM TIME TO TIME, USER MAY OBTAIN SERVICES FROM THIRD PARTIES THROUGH ITS ACCESS TO THE SERVICE. ALL MATTERS CONCERNING THE PRODUCTS AND SERVICES FROM THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, AND GUARANTIES ARE SOLELY BETWEEN USER AND THE RESPECTIVE THIRD PARTY. EOS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED BY A THIRD PARTY. EOS IS NOT A PARTY TO ANY TRANSACTION BETWEEN USER AND A THIRD PARTY. EOS IS NOT LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COSTS OR DAMAGES ARISING FROM TRANSACTIONS WITH THIRD PARTIES.
IN NO EVENT SHALL EOS BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT EOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL LIABILITY OF EOS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED, THE TOTAL AMOUNT PAID BY YOU TO EOS FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
No waiver by EOS of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by EOS. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
EOS shall not be liable or responsible to User, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of EOS including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Additionally, If EOS's performance of its obligations under this Agreement is prevented or delayed by any act or omission of User or its agents, subcontractors, consultants or employees, EOS shall not be liable for any costs, charges or losses sustained or incurred by User, in each case, to the extent arising directly or indirectly from such prevention or delay.
User shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of PCS. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under this Agreement.
This Agreement is for the sole benefit of the Parties hereto, in furtherance of the supply chain management industry, and the Parties' respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the County of Broomfield, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
EOS reserves the right to change this Agreement and/or its terms at any time and may eliminate the license granted herein with respect to the User, the User individually or all Users collectively at any time. Any change to this Agreement and/or its terms shall be effective as of the date of posting to the website of EOS or actual notice to User, whichever is earlier.
The individual agreeing to these Terms and Conditions on their own behalf as a User represents and warrants that he/she has the capacity to bind them to these Terms and Conditions.
Any questions regarding User's application, Usership, or this Agreement should be provided directly to EOS via the following email: support@exponentialopenscience.ai