Terms of ServicePrivacy Policy

NoBarrier AI Terms of Service

Updated: 29/04/2025

These Platform Terms of Use (“Terms of Use”) form the legal agreement between you and NoBarrier Inc. (“NoBarrier,” “we,” “us,” or “our”). These Terms of Use dictate the specifics of how you may engage with and leverage our proprietary AI Medical Interpreter platform, delivered to you as a web application and/or mobile application (the “Platform”), should one be available.

PLEASE REVIEW THESE TERMS OF USE THOROUGHLY. BY ACCESSING AND/OR UTILIZING THE PLATFORM, YOU DECLARE THAT YOU HAVE PURVIEWED, COMPREHENDED, AND ACCEPT TO BE LEGALLY BOUND BY THESE TERMS OF USE, AS WELL AS THE TERMS AND STIPULATIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”). THE PRIVACY POLICY IS HEREBY BUILT INTO THESE TERMS OF USE BY REFERENCE AND MADE A CONSTITUENT HEREOF (COLLECTIVELY, THE “AGREEMENT”). IF YOU CANNOT AGREE OR DISPUTE ANY OF THE TERMS IN THIS AGREEMENT, PLEASE ABSTAIN FROM UTILIZING THE PLATFORM.

If you accept or affirm the Agreement on behalf of a corporation or any form of legal body, you hereby signify and validate that you are authorized to commit the said entity to the Agreement. In these cases, the "you" and "your" here will be intended and applicable to the company or legal entity you represent.

To the maximum extent permitted by law, we reserve the right to: (i) modify this Agreement at any time by sending you an in-Platform notification and/or publishing the revised Agreement on the Platform or by other means. Such a change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Platform thereafter means that you accept those changes, (ii) change any information, specifications, features or functions of the Platform, and/or (iii) suspend or discontinue, temporarily or permanently, any or all of the Platform; in each case with or without prior notice and without any liability to you or any third party. THE FOLLOWING SECTIONS TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE INCLUDE IMPORTANT LEGAL STIPULATIONS. PLEASE REVIEW THEM CAREFULLY.

1. RIGHT TO ACCESS AND USE THE PLATFORM.

  1. Subject to your compliance with the terms and obligations (including payment obligations) of this Agreement, NoBarrier grants you a revocable, limited, non-transferable, non-exclusive, and non-sublicensable, right throughout the Term of this Agreement, to access and employ the AI Medical Interpreter platform strictly for your internal business purposes.
  2. You are not permitted to (nor should you authorize, encourage, or allow any third-party to): (i) reverse engineer, decompile, disassemble, decrypt, or attempt to derive the source code of, the Platform, or in any way attempt to discover the interface protocols or source code of the Platform; (ii) alter, translate, or modify the Platform, or any component or portion of it; (iii) replicate the Platform or any part or component thereof; (iv) distribute, copy, rent, lease, resell, or sublicense, assign, transmit, sell or otherwise transfer the Platform or any component thereof or any of our rights therein or make available the service or the Platform to any third party (such as offering it as part of a time-sharing, outsourcing or service bureau environment) or to make a derivative work of the services and the Platform, or use it to develop any service or product that is the same as (or substantially similar to) it; (v) delete or modify any proprietary marks or restrictive legends placed on the Platform; (vi) use the Platform or any of its parts in violation of applicable law, for creating a competitive product or service, or for any unauthorized purpose, including, as described in this Agreement; (vii) upload, post or introduce any harmful code, Trojan horse, “back door”, or virus to the Platform; (viii) copy (except for back-up purposes), modify, improve, or create derivative works of the Platform or any part thereof; (ix) operate the Platform for a third party's benefit; or (x) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Platform ; (xi) remove, alter or obscure any proprietary notice or identification, including, without limitation, copyright, trademark, patent or other notices, contained in or displayed on or via the Platform; (xii) use NoBarrier name, logo or trademarks without our prior written consent; (xii) use the Platform to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement; (xiv) violate or abuse password protections governing access to the Platform or any of the Platform’s security measures; (xv) interfere or attempt to interfere with the integrity or proper working of the Platform, including, without limitation, shall not use any automated or programmatic method to extract data or output from the Platform, including, without limitation, scraping, web harvesting, or web-data extraction (except as permitted in this Agreement), (xvi) make the Platform available over a network where it could be used by multiple devices owned or operated by different people at the same time; (xvii) upload Your Information neither use the Platform in a way that infringes, misappropriates or violates any person's or third party's rights and/or applicable law and regulations; (xvii) use Results to develop models or artificial intelligence algorithms that compete with NoBarrier, (xix) represent the Results were human-generated when it is not; (xx) copy, "frame" or "mirror" the services and/or the Platform and/or the model, and/or (xxi) use the Platform other than as permitted herein. Notwithstanding anything to the contrary, you shall at all times comply with all applicable laws and not perform these terms of this Agreement and/or use the Platform, Your Information and the Results in violation of third-party rights. In addition, you shall not use the Platform and/or any Results for the purpose of (i) engaging in illegal activities; (ii) generating defamatory, libelous, harassing, abusive, or hateful content; (iii) infringing on intellectual property; (iv) generating malware or spam; (v) impersonating others; and/or (vi) promoting harmful activities; (vii) engaging in any activity that has a that has high risk of physical or economic harm.
  3. If you breach this Section, NoBarrier reserves the right to instantly prohibit your access to the Platform, or any part thereof, without offering any advance notice. NoBarrier holds the right to alter the availability of any content, information, function, or feature concerning the Platform at any given point, without any liability or requirement to notify you.

2. AUTHORIZED USERS.

You and your employees and contractors who operate and employ the Platform are herein referred to as "Authorized Users". Each Authorized User must establish an account by providing his/her email address and generating a password (collectively referred to as "Login Credentials"). Login Credentials must not be shared among Authorized Users or by any Authorized User with a third party. It is mandatory to keep the Login Credentials confidential. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You hereby agree to promptly inform us of any unsanctioned use or suspected unauthorized usage of any Login Credentials. You are solely accountable for all actions, as well as use or misuse of the Platform, linked to any Authorized User's Login Credentials. You also have the responsibility to ensure that your Authorized Users agree and comply with this

Agreement. You will immediately inform us of any urgency to deactivate or modify any Login Credentials. NoBarrier has the right to terminate or disable any account and/or access to the Platform immediately to protect the Platform or services; if you create a business or other risk or legal exposure for us, violate this Agreement, or infringe other people’s Intellectual Property Rights; if we suspect misuse by you of Platform or our services; and/or where we are otherwise permitted or required to do so by law. If your account is inactive (i.e., not used or logged-into) for a period of time, we may notify you via the Platform or our services that you are not actively using the Platform to confirm whether you want to continue to have the right to use the Platform. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please consult us at: info@nobarrier.ai. You may terminate your Account at any time by sending an email to info@nobarrier.ai.

3. INTELLECTUAL PROPERTY RIGHTS.

  1. The Platform encompasses various elements like software, text, information, documents, descriptions, products, software, graphics, images, audio recordings, audiovisual works, photos, sounds, videos, interactive features, and services that we provide you, and other material sourced from or facilitated by NoBarrier (the "Materials") and the trademarks, service marks and logos contained therein ("Trademarks", and together with the Materials, the "Content"), is the property of NoBarrier and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. NoBarrier and NoBarrier logo are Trademarks of NoBarrier and its affiliates. All other Trademarks used on the Platform are the Trademarks of their respective owners. The Content on the Platform is provided to you “as is” and “as available” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein. The Platform is licensed and not sold to you under this Agreement, and you acknowledge that NoBarrier and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Platform (and its related software). We reserve all rights not expressly granted herein to the Platform. "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
  2. We always appreciate feedback or other suggestions, but please note that will own them and we may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
  3. If any aspect of this Agreement is violated, user's authority to access and/or utilize the Content and the Platform is instantaneously terminated, and any duplications of the Content made must be destroyed immediately.

4. YOUR INFORMATION; USER STATISTICS; ANONYMIZED DATA; SUMMARY DATA; AND RESULTS.

  1. In this Agreement, "Your Information" stands for any data or information submitted by you or your Authorized Users to the Platform, including, but not limited to, Patient Records (as detailed below) and personal information of Authorized Users. "Patient Records" include: (i) audio, recordings, transcripts, translations and/or video documenting sessions between you (or your Authorized Users) and the patient (or patient’s parents, kin, or friends, if involved in the sessions) that are uploaded to our Platform, and (ii) information and data accumulated during these sessions (which could potentially include personal information and/or PHI). "Protected Health Information" or "PHI" refers to the meaning given under the Health Insurance Portability and Accountability Act of 1996, or any relevant updates (“HIPAA”). "User Statistics" refers to anonymous analytical data that NoBarrier collects concerning your and your Authorized Users’ use and performance of the Platform; details such as the frequency and extent of Platform usage, accessed sections, and other performance and usage data. "Results" implies Content that the Platform produces, among it - transcription, interpretation, speech generated by processing Your Information via the Platform, available to you and your Authorized Users through the Platform.
  2. You are solely responsible and liable for Your Information, as well as for the Results. As between the parties and to the extent permitted under applicable law, you retain ownership rights in and to Your Information, and own the Results. We hereby assign to you all our rights, title and interest, where relevant, in and to the Results. To the maximum extent permitted by law, we shall have no liability to you with respect to Your Information and/or the Results, including, without limitation, liability with respect to: (i) any information (including your confidential information) contained in or apparent from Your Information and/or the Results; and/or (ii) any copy right infringement claim or another infringement claim by a third party in relation to or in connection with Your Information and/or the Results. You warrant, represent and covenant that: (i) you own or have a valid and enforceable license and all the necessary rights to use, submit or transmit all Your Information and use the Platform, including, without limitation, you shall comply at all times with any and all applicable laws and regulations, including, without limitation, HIPAA, and you obtained any and all permissions, authorizations and/or informed consents from the patients and/or the relevant data subjects before sharing Your Information with us in the context of the Platform. It is hereby understood that we are processing Your Information on your behalf and subject to your instructions; (ii) that Your Information or the Results does not infringe, misappropriate or violate or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other Intellectual Property Rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; (iii) you shall not disseminate or distribute Your Information or the Results in breach of any applicable law or third party's Intellectual Property Rights or other rights.
  3. You hereby grant to NoBarrier a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable (through multiple tiers, such as to NoBarrier's vendors and service providers, as well as to third party service providers engaged by NoBarrier in the provision of the Platform), right and license to utilize, copy, process, create derivative works of, modify, adapt, store, alter, perform, showcase and disseminate Your Information: (i) during this Agreement, for the purpose of performing under this Agreement (such as providing, administering, and maintaining the Platform); and (ii) on a perpetual basis, and provided Your Information is anonymized, de-identified or pseudonymized, for the purpose of generally enhancing the Platform and our products and services (such as developing new features and functionalities).
  4. Our Privacy Policy Is available on our website. To the extent that you need to execute a business associate agreement (“BAA”) please request it to us at info@nobarrier.ai. You are solely accountable for the accuracy, quality, and legality of Your Information. In the scenario of conflicts between this Agreement and BAA, BAA dominantly applies in relation to PHI processing. By providing Your Information, you legally consent to the terms and conditions of the BAA, forming part of this Agreement.
  5. Notwithstanding anything to the contrary, both we and our third-party service providers may, for operating, maintaining, managing, and enhancing our product and services including the use of the Platform, use Your Information, and any User Statistics we gather, as anonymous and aggregated data ("Summary Data"). Summary Data does not recognize you or your patient. To the maximum extent permitted by law, you hereby agree to our collection, use, dissemination, sale, transfer, and exploitation of such Summary Data.

5. RETENTION OF YOUR INFORMATION.

Information will be deleted once it is no longer needed for the purposes it was collected for, or following a valid consumer request under applicable privacy laws. You acknowledge that the Platform does not operate as an archive or file storage service. You are solely responsible for backing up or making a copy of Your Information and for implementing other safeguards appropriate for your needs, including, without limitation, any retention requirements under HIPAA or any other law that is applicable to you. For paying customers, personally identifiable information will be removed seven (7) days after its collection and not retained on NoBarrier’s systems.

6. PAYMENT OBLIGATIONS.

In consideration for access and usage of the Platform, you may be required to make a payment for the applicable subscription plan chosen during the registration process within a timeframe of thirty (30) days upon receipt of the invoice. NoBarrier may offer a free of charge tier for your use of the Platform (which may have certain limitations, including, without limitation, time-usage limitation, usage limitation, some features may not be available). NoBarrier reserves the right to stop offering the free tier and to start charging a fee for certain access or usage of the Platform. You will not be charged for any such access or use of the Platform unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Platform. NoBarrier retains the right to revise and alter the payment structure, providing you with prior notice (at least 30 days before the renewal term). Adjusted prices for your subscription plan shall be enforced at the commencement of your subsequent service year. We further uphold the right to introduce new or augment existing fees, any time provided you are notified beforehand. By purchasing a subscription, you agree and understand that we process payments through third-party payment processor selected by us. NoBarrier reserves the right to add or change the third-party payment processors at any time at its sole discretion.

7. GUIDELINES FOR PLATFORM USAGE.

Upon accessing and/or engaging with the Platform, you shall abide by the following terms:

  1. Use of the Platform in a vehicle. If you are using the Platform in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Platform unless your vehicle is stationary and legally parked. While you are using our Platform, please be aware of your surroundings, and play and communicate safely;
  2. You agree that your use of the Platform is at your own risk, and that you will not use the Platform to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so;
  3. NoBarrier does not intend to provide a medical Platform (and the Results) or health devices or provide medical or health advice. The Platform (and the Results) are not intended to be used by themselves for any clinical decision-making or other clinical use. You are responsible for liability that may arise in connection with any such uses. You shall offer the patients the option of using this Platform or another method;
  4. The Platform is not intended to generate any automatic decision. NoBarrier shall not engage in any automatic decision-making (including, without limitation, profiling), or rely upon Results in isolation to make a decision, relating to any person, patient or decision, which has an effect on that person (including, health / medical effect). You acknowledge and agree that artificial intelligence and machine learning are rapidly evolving fields, and that, given the probabilistic nature of artificial intelligence and machine learning, use of the Platform may in some situations result in incorrect Results and/or the Results may not be unique across users and the Platform may generate the same or similar Results for different users of the Platform. You are solely responsible and liable for evaluating and verifying (including, without limitation, by human review) the Results as being suitable and appropriate for your use.
  5. The Platform shall not be used for any illegal activities or any other activities that contravene legal statutes;
  6. Market research intended for rival companies should not be carried out through access or usage of the Platform;
  7. The uploading, posting or transmitting of Your Information on the Platform that infringes any copyright, trademark, publicity right, proprietary rights or any other rights (including, privacy rights) owned by another person or entity is forbidden. This also includes Your Information that promotes any Third-Party Website, service or product, or is defamatory, indecent, obscene, sexually explicit, invades other’s privacy, promotes violence, or constitutes hate speech. Sharing sensitive information about another person such as e-mail address, postal address, phone number, credit card information or any similar details is strictly prohibited;
  8. Misrepresenting oneself by assuming false identities or affiliations with other entities is strictly prohibited;
  9. Disassembling, deconstructing, or reverse engineering any software or procedures accessible through the Platform is not permissible;
  10. Any activities that interfere or block safety features on the Platform are prohibited;
  11. Skirting, removing, altering, degrading or defeating any of the Platform's protective measures is not allowed;
  12. The usage of automated tools for data extraction or download from the Platform is forbidden;
  13. Any action imposing (at our sole discretion) an unreasonable or disproportionately large load on the technical infrastructure is prohibited;
  14. Interference or interruption of the Platform operations using any virus, device, software, or routine, or attempting to gain unauthorized access to any data, files, or passwords associated with the Platform through any means are prohibited;
  15. NoBarrier retains absolute discretion to deny access to the Platform, or any part of it, without any prior notice.

8. USAGE AGE LIMITATIONS.

The operation of the NoBarrier Platform is strictly limited to individuals who are 18 years old or above. If your age falls below this legal age threshold, we respectfully request you to refrain from accessing, operating and/or using the Platform. By accessing, operating or otherwise using the Platform, you confirm that you have attained the age of 18 or above, thus making a binding warranty of your age.

9. DISCLAIMERS AND LIMITS ON LIABILITY.

  1. THE PLATFORM AND/OR THE RESULTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NOBARRIER DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE PLATFORM AND/OR THE RESULTS IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
  2. NOBARRIER DOES NOT WARRANT THAT THE PLATFORM AND/OR THE RESULTS WILL OPERATE ERROR-FREE, THAT THE PLATFORM AND/OR THE RESULTS IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE PLATFORM. YOU AGREE THAT NOBARRIER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. ANY DECISIONS OR ACTIONS YOU TAKE, BASED ON THE PLATFORM OR ITS RESULTS, ARE SOLELY AT YOUR RISK.
  3. NOBARRIER DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF THE PLATFORM AND/OR THE RESULTS; (B) THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (C) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS.
  4. IF YOU HAVE A DISPUTE WITH ANY OTHER THIRD PARTY REGARDING THE PLATFORM AND/OR THE RESULTS (INCLUDING, WITHOUT LIMITATION, FROM THE PATIENT), YOU AGREE THAT NOBARRIER IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF, OR CONNECTED WITH, SUCH A DISPUTE. NOBARRIER RESERVES THE RIGHT BUT HAVE NO OBLIGATION TO MONITOR ANY SUCH DISPUTE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
  5. THE PLATFORM, ITS CONTENT, AND ALL RELATED SERVICES OFFERED BY NOBARRIER ARE EXTENDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" ARRANGEMENT. NOBARRIER AND ITS SUPPLIERS DO NOT OFFER ANY EXPLICIT, INFERRED, OR MANDATORY WARRANTIES RELATED TO THEM OR THIS AGREEMENT. NOBARRIER EXPRESSLY DISCLAIMS ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY FOR A PARTICULAR OBJECTIVE, CONTINUOUS UNDISTURBED PROVISION, ERROR-FREE FUNCTIONING, OR ANY ASSURANCE ORIGINATING FROM TRADE PRACTICE, COURSE OF CONDUCT OR USAGE.
  6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN INSTANCES WHERE NOBARRIER AND ITS SUPPLIERS ARE NOT ALLOWED UNDER APPLICABLE LAW TO NEGATE ANY IMPLIED WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY WILL BE LIMITED TO THE MOST MINOR PERMISSIBLE UNDER SUCH LAW. THE PLATFORM'S FUNCTION IS NOT TO DIAGNOSE, CURE, PREVENT, OR TREAT ANY HEALTH CONDITION OR AILMENT. YOU AND YOUR AUTHORIZED USERS BEAR FULL RESPONSIBILITY FOR ANY HEALTHCARE-RELATED CONCLUSIONS OR DECISIONS DRAWN FROM ANY RESULT GENERATED BY OR ACCESSIBLE VIA THE PLATFORM, INCLUDING, THE RESULTS. THE PLATFORM, ITS CONTENT, AND THE RESULTS, SHOULD NOT BE DEEMED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE OR DIAGNOSIS.
  7. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOBARRIER DENIES ANY GUARANTEE OF SATISFACTORY QUALITY, FITNESS, OR PERFORMANCE OF THE PLATFORM OR ANY COMPONENTS OR THE RESULTS THEREOF. ANY RESULTANT HARM OR DAMAGES RELATED TO ANY USE OF THE PLATFORM AND/OR THE RESULTS FALLS UNDER NOBARRIER'S EXCLUSION OF LIABILITY. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
  8. NOTWITHSTANDING ANYTHING TO THE CONTRARTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDING ANY STATUTORY, CONTRACTUAL, OR TORTIOUS CLAIMS ARISING OUT OF WARRANTY ISSUES, NOBARRIER BEARS NO RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES DUE TO THE LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE, MISUSE, OR INABILITY TO ACCESS AND UTILIZE THE PLATFORM OR ANY RELATED SERVICES (INCLUDING, THE RESULTS), EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN BROUGHT TO OUR ATTENTION. NOBARRIER'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER, OR IN CONNECTION WITH, OR RELATED TO, THIS AGREEMENTM SHALL BE LIMITED TO THE HIGHER OF ONE HUNDRED DOLLARS ($100) OR THE CUMULATIVE FEES YOU PAID IN THE THREE (3) MONTH PERIOD IMMEDIATELY BEFORE THE CLAIM AROSE.

10. THIRD-PARTY WEBSITES.

The Platform may contain links to websites governed by third parties ("Third-Party Websites"). These links are offered for your benefit and convenience, and do not constitute an endorsement or approval by us of the content available on such Third-Party Websites. The content hosted on such Third-Party Websites is created and managed by other parties. If you have any concerns about these links or any content situated on such Third-Party Websites, you should connect directly with the site administrator or manager for those specific websites. NoBarrier does not hold accountable for the content of any Third-Party Websites and makes no assurances regarding the reliability or precision of Materials on such Third-Party Websites.

11. CONFIDENTIALITY.

You may have access to certain non-public or proprietary information and Materials of NoBarrier and/or its affiliates, whether in tangible or intangible form ("Confidential Information"). You shall take commercially reasonable measures to protect NoBarrier’s Confidential Information within your possession or control, from misuse or disclosure to a third party. You shall use NoBarrer's Confidential Information solely for the purposes of performing under this Agreement. In the event that you are required to disclose NoBarrier’s Confidential Information pursuant to any law, regulation, or governmental or judicial order, you will (a) promptly notify NoBarrier in writing of such law, regulation or order or request, (b) reasonably cooperate with NoBarrier in opposing such disclosure, (c) in case that you are required to disclose Confidential Information, you shall only disclose the minimum required by such law, regulation or order (as the case may be).

12. ASSURANCES AND GUARANTEES.

You hereby represent, warrant and covenant that you have: (i) all requisite rights and privileges that allow you to supply us with, or authorize our access and utilization of, Your Information, and (ii) procured all essential and appropriate approvals, permissions, and consents in compliance with any and all applicable laws and regulations relating to Your Information provided herein, including, but not limited to, approvals from patients, their parents and/or legal guardians.

13. INDEMNIFICATION.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless NoBarrier or any associated entities, including shareholders, officers, directors, employees, agents, representatives from and against any and all damages, liabilities, obligations, fines, losses, costs, and expenses, including reasonable attorney's fees and expenses (altogether, "Losses") arising from, or related to, a claim, action, or proceeding (referred to as a "Claim"), including, without limitation, Claims associated with: (i) you or any Authorized User's breach or violation of this Agreement, including any failure to uphold claimed warranties; (ii) misuse of the Platform, the Result, and/or the Content; (iii) your or your Authorized User’s negligence, willful misconduct, fraud, misrepresentation or violation of applicable laws and regulations; (iv) any breach of any third-party rights such as copyright, Trademarks, property rights, or privacy rights. Without derogating from or excusing your obligations under this section, NoBarrier reserves the right (at your own expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to indemnification by you without first obtaining NoBarrier’s express approval.

14. ADHERENCE TO RELEVANT REGULATIONS.

The Platform is intended to be used within the United States. To the maximum extent permitted by law, if you choose to utilize our Platform from a location outside the United States, it is essential to understand that you do so at your own risk. Regardless of your geographical location, whether it be within or beyond the United States, it is solely your responsibility to ensure your adherence to the legal rules of your particular jurisdiction. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Platform nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

15. TERM AND TERMINATION.

  1. This Agreement is effective and will extend over the duration of the subscription package you selected at the time of registration (the "Term"). From this point onward, the Term will automatically continue for successive periods equivalent to the duration of your chosen subscription package, unless either of us informs the other not less than thirty (30) days in advance of the expiration of the on-going renewal period about the intention not to extend it.
  2. NoBarrier reserves the right, at any time, to terminate this Agreement, your account and your use of the Platform, if you engage in any conduct or activities that NoBarrier determines, in NoBarrier’s sole discretion, violate this Agreement or the rights of NoBarrier or any third party, or is otherwise inappropriate, and, to the maximum extent permitted by law, NoBarrier shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform.
  3. NoBarrier retains the discretion to alter, pause, stop, or bring to an end your access and operation of the entire or any part of the Platform at any juncture in time without any prior warning or any accountability. This Section 15 (Term and Termination) and Sections 3 (Intellectual Property Rights), 4.3 (Your Information; User Statistics; Anonymized Data; Summary Data; and Results), 6 (Payment Obligation), 9 (Disclaimers and Limits on Liability), 11 (Confidentiality), 13 (Indemnification), 16 (Arbitration Proceedings), 17 (Class Action Limitation), 18 (Applicable Law) and 19 (Additional Terms) shall survive termination of this Agreement for any reason.

16. ARBITRATION PROCEEDINGS.

  1. All disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one arbitrator appointed in accordance with the said ICC Rules, unless the parties agree in writing before the request for arbitration is filed to have the dispute decided by a panel of three arbitrators. In the latter case, each party shall nominate one arbitrator, the claimant in his request for arbitration and the respondent in his answer, for confirmation by the ICC. If a party fails to nominate an arbitrator, the selection and appointment of the arbitrator shall be made by the ICC. Both arbitrators shall agree on the third arbitrator within 30 days after their appointment. Should the two arbitrators fail to reach agreement on the third arbitrator within the 30 days period, the ICC shall select and appoint the third arbitrator. The place of arbitration shall be California. The language to be used in the arbitration proceeding shall be English. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IT SHOULD BE NOTED THAT NEITHER PARTY SHALL BE ENTITLED TO PURSUE SUCH CLAIM IN COURT OR INITIATE A JURY TRIAL, EXCEPTING CASES WHERE EITHER PARTY CAN BANK ON THEIR LOCAL SMALL CLAIMS COURT, SUBJECT TO THE REQUIREMENTS AND JURISDICTION OF SAID SMALL CLAIMS COURT. IT IS IMPORTANT TO UNDERSTAND THAT AN ARBITRATION DIFFERS FROM COURT PROCEEDINGS, AND ACCESS TO DISCOVERY AND APPEAL RIGHTS COULD BE LIMITED DURING ARBITRATION.
  2. While this clause does not prevent parties from seeking provisional remedies in aid of arbitration from a suitable jurisdiction court, the arbitration procedure can be performed in person, via document submission, over a call, or online. Nothing in this Agreement shall restrict NoBarrier from seeking injunctive relief in any court with competent jurisdiction.

17. CLASS ACTION LIMITATION.

  1. To the maximum extent permitted by law:
    • Any dispute or arbitration shall not be combined with any other dispute;
    • You are not allowed to address any dispute on a group level or use any class-action methods;
    • It is not permissible for any dispute to be put forward as a representative of the general public or any other people.
  2. YOU CONSENT THAT ANY LEGAL ACTIONS YOU START AGAINST NOBARRIER MUST BE IN YOUR OWN PERSONAL CAPACITY, RATHER THAN AS PART OF A GROUP OR AS A CLASS MEMBER IN ANY SUPPOSED REPRESENTATIVE CAPACITY.

18. APPLICABLE LAW.

This Agreement and performance by the parties hereunder shall be construed in accordance with the laws of the state of California, U.S.A., without regard to provisions on the conflicts of laws.

19. ADDITIONAL TERMS.

This Agreement, and any other legal notices published by us in connection with the Platform, shall constitute the entire Agreement between you and NoBarrier concerning the Platform. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The headings of each section are just for easy reference and they have no legal value. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by NoBarrier without restriction or notification. We may from time to time provide updates or upgrades to the Platform (each a "Revision") but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Platform. All references herein to the Platform shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Platform, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

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