Terms of use

The following terms and conditions (“Terms of Use”) govern the relationship between you and getware.ai (“we”, “our” or “us”) with respect to the use of this website. By using this website, you are agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use and our privacy policy located at getware.ai/privacyPolicy. If these Terms of Use are not acceptable to you, please do not use this website. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version. Your continued use of this website will be deemed your conclusive acceptance of the updated Terms of Use.

These Terms of Use are in addition to any separate agreement entered into between you and us with respect to your use of the Getware proprietary software-as-a-service platform (the “SaaS Agreement”). In the event of any conflict between these Terms of Use, the SaaS Agreement, the SaaS Agreement will govern.

Rights Granted and Restrictions on Use:

Since Getware app is in its early stages, we grant to you a full non-exclusive, non-transferable license at no charge to view the material on this website for your personal use only. You may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, information, software, material or other content, (referred to collectively, as the “content”) of this app without our prior written permission. You acknowledge and agree that this website and its content are the property of us, our affiliates or our service providers, suppliers or licensors and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property on this website or in its content. This website and its content are protected by copyright, both individually and as a collective work or compilation and by trade-mark law, patent law and any other applicable laws.

Your Authority to use this website and Getware app:

By using this website and Getware app, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this website, Getware app and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with this website or its content, your sole and exclusive remedy is to stop using it.

Disclaimers:

The content on this website and Getware app is for informational purposes only. We and each of our affiliates, licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. 

THIS WEBSITE AND Getware APP COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SUITABILITY OF CONTENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE AND Getware APP. WE MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE AND Getware APP AT ANY TIME WITHOUT NOTICE.

No Damages:

WE, OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE) AND Getware APP, OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY OUR OR OUR AFFILIATES’ OR EITHER OF OUR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Trade-marks:

You are not permitted to use any of the trade-marks displayed on this website and Getware app (including without limitation those listed above) without the prior written consent of us or the third party that owns the trade-mark.

Protecting Information:

We have reasonable security measures in place to protect against the loss, misuse and interception by third parties, that are not working with us, of the information under our control. However, complete confidentiality and security is not possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted by you or us over the Internet.

Changes to Terms of Use:

We reserve the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

Violations to Terms of Use:

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to this website and Getware app.

Other Countries:

This website and Getware app can be accessed from countries around the world other than Canada and the United States. We make no representation that the content on this website and Getware app is appropriate or available for use in other locations, and accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website and Getware app from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.

Laws:

This website and Getware app (excluding linked sites) is controlled by us from our offices within the Province of Ontario, Canada. By accessing this website and Getware app, you and we agree that all matters relating to your access to, or use of, this website and Getware app shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and we also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, with respect to any and all matters arising in connection with these Terms of Use.

Claims of Copyright or Other Intellectual Property Right Infringement:

We respect the copyright and other intellectual property rights of other parties. If you believe that any of the content contained on our website or made available by us via the Getware custom service infringes your copyright or any of your other intellectual property rights, please provide us with written notice that includes the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on our website and our app or made available via the Getware custom service;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please send your letter to the following email address:

support@daylite.ai

How to Contact Us:

If you have any questions or concerns about our website and our app (other than those relating to claims of copyright or other intellectual property right infringement), you may contact us via e-mail at the following address:

support@daylite.ai

For clarity, in no event will any information or advice provided by us or our representatives via telephone, e-mail or in person serve as an amendment, supplement or waiver of any portion of these Terms of Use.