BlockSecure Health General Terms
Symblock Inc. is pleased to offer certain blockchain based decentralized web services (“Services”) according to the terms and conditions in this Agreement (“Agreement”). By creating an account to use the Services, by signing an Order Form for the Services or by using the service, you agree to this Agreement. If you represent an organization, you represent and warrant that you are authorized to agree to this Agreement on behalf or your organization. If you do not agree to this Agreement, do not use the Services.
You may access and use our Services in accordance with this Agreement. The Services may include features or services that have separate rules specific to the feature or service. You will comply with all laws, rules, and regulations applicable to the use of the Services and any additional feature or service you use. You may access and use the Services solely for your internal business purposes. You understand and agree that we may change, suspend or discontinue any part of the Services and the Services as a whole. We will notify you of any material change to or discontinuation of the Services by email or via our website.
2. Your Data
(a) Your data in blockchain will be shared with other participants in blockchain network. You will ensure that your data, and your use of it, complies with this Agreement and any applicable law. You represent and warrant that you will not store or process protected health information using the Service. (b) We will ensure that our personnel who have access to the Customer Personal Data have committed themselves to confidentiality and are aware of and comply with our duties and their personal duties and obligations under this Agreement. (c) You acknowledge and agree that we may retain other third parties as sub-processors (all together "Sub-Processors") in connection with the provision of the Services.
3. Payment and Taxes
(a) Services Fees. You will pay us the applicable fees and charges for use of the Services as described on the applicable site or agreed in order form. All amounts payable for the Services will be made , and all amounts paid are non-refundable. We may increase or add new fees and charges for a Service by updating the site applicable to the Service. In the event that we change the pricing for the Service, the fees payable by you will increase or decrease in accordance with any such modification upon the date specified on the applicable site. We may charge you interest at the rate of 1% per month or the highest rate permitted by law on any late payment. (b) Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
4. Suspension for Non-Payment
Without limiting other available remedies included in this Agreement or otherwise, we may suspend your access to the Services if you are late in payment.
(a) Term; Termination. The term of this Agreement commences when you create an account, sign an Order Form or start using our service and will remain in effect until terminated in accordance with this Agreement. Either party may terminate this Agreement for convenience immediately upon notice. We may also terminate your account and this Agreement, or suspend your account, immediately if (i) we change the way we provide or discontinue the Service; (ii) your account was suspended under Section 4 of this Agreement and you have not remediated the reason for the suspension; or (b) Effect of Termination. Upon termination of this Agreement (i) all your rights under this Agreement immediately terminate and (ii) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination.
6. Intellectual Property Rights and Ownership
(a) Our Service. You may not: (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service; (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Service; (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; (d) resell or sublicense the Service; (e) attempt to disable or circumvent any security mechanisms used by the Services; (f) use the Services to perform a malicious activity;
7. No Warranty
The Services are provided on an "AS IS" and "AS AVAILABLE" basis and with no representation or warranty of any kind. Except to the extent prohibited by law, we disclaim any implied or statutory warranty, including any implied warranty of merchantability or fitness for a particular purpose, and any warranty arising out of any course of dealing or usage of trade.
8. Limitation of Liability
We and our affiliates and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use, or data).
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third-party claim. concerning: (a) your use of the Services (including any activities under your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you.